A BILL making appropriations of public money out of the Treasury in
accordance with section fifty-one, article VI of the
Constitution.

Be it enacted by the Legislature of West Virginia:

TITLE I-GENERAL PROVISIONS.

Section 1. General policy.-The purpose of this bill is to
appropriate money necessary for the economical and efficient
discharge of the duties and responsibilities of the state and its
agencies during the fiscal year two thousand nine.Sec. 2. Definitions.-For the purpose of this bill:
"Governor" shall mean the Governor of the State of West
Virginia.
"Code" shall mean the Code of West Virginia, one thousand nine
hundred thirty-one, as amended.
"Spending unit" shall mean the department, bureau, division,
office, board, commission, agency or institution to which an
appropriation is made.
The "fiscal year two thousand nine" shall mean the period from
the first day of July, two thousand eight, through the thirtieth day
of June, two thousand nine.
"General revenue fund" shall mean the general operating fund of
the state and includes all moneys received or collected by the state
except as provided in section two, article two, chapter twelve of the
code or as otherwise provided.
"Special revenue funds" shall mean specific revenue sources
which by legislative enactments are not required to be accounted for
as general revenue, including federal funds.
"From collections" shall mean that part of the total
appropriation which must be collected by the spending unit to be
available for expenditure. If the authorized amount of collections
is not collected, the total appropriation for the spending unit shall
be reduced automatically by the amount of the deficiency in the
collections. If the amount collected exceeds the amount designated
"from collections," the excess shall be set aside in a special
surplus fund and may be expended for the purpose of the spending unit
as provided by article two, chapter eleven-b of the code.Sec. 3. Classification of appropriations.-An appropriation for:
"Personal services" shall mean salaries, wages and other compensation paid to full-time, part-time and temporary employees of
the spending unit but shall not include fees or contractual payments
paid to consultants or to independent contractors engaged by the
spending unit.
Unless otherwise specified, appropriations for "personal
services" shall include salaries of heads of spending units.
"Annual increment" shall mean funds appropriated for "eligible
employees" and shall be disbursed only in accordance with article
five, chapter five of the code.
Funds appropriated for "annual increment" shall be transferred
to "personal services" or other designated items only as required.
"Employee benefits" shall mean social security matching,
workers' compensation, unemployment compensation, pension and
retirement contributions, public employees insurance matching,
personnel fees or any other benefit normally paid by the employer as
a direct cost of employment. Should the appropriation be
insufficient to cover such costs, the remainder of such cost shall
be transferred by each spending unit from its "personal services"
line item or its "unclassified" line item or other appropriate line
item to its "employee benefits" line item. If there is no
appropriation for "employee benefits," such costs shall be paid by
each spending unit from its "personal services" line item, its
"unclassified" line item or other appropriate line item. Each
spending unit is hereby authorized and required to make such payments in accordance with the provisions of article two, chapter eleven-b
of the code.
"BRIM Premiums" shall mean the amount charged as consideration
for insurance protection and includes the present value of projected
losses and administrative expenses. Premiums are assessed for
coverages, as defined in the applicable policies, for claims arising
from, inter alia, general liability, wrongful acts, property,
professional liability and automobile exposures.
Should the appropriation for "BRIM Premiums" be insufficient to
cover such cost, the remainder of such costs shall be transferred by
each spending unit from its "personal services" line item, its
"employee benefit" line item, its "unclassified" line item or any
other appropriate line item to "BRIM Premiums" for payment to the
Board of Risk and Insurance Management. Each spending unit is hereby
authorized and required to make such payments.
Each spending unit shall be responsible for all contributions,
payments or other costs related to coverage and claims of its
employees for unemployment compensation. Such expenditures shall be
considered an employee benefit.
"Current expenses" shall mean operating costs other than
personal services and shall not include equipment, repairs and
alterations, buildings or lands.
Each spending unit shall be responsible for and charged monthly
for all postage meter service and shall reimburse the appropriate revolving fund monthly for all such amounts. Such expenditures shall
be considered a current expense.
"Equipment" shall mean equipment items which have an appreciable
and calculable period of usefulness in excess of one year.
"Repairs and alterations" shall mean routine maintenance and
repairs to structures and minor improvements to property which do not
increase the capital assets.
"Buildings" shall include new construction and major alteration
of existing structures and the improvement of lands and shall include
shelter, support, storage, protection or the improvement of a natural
condition.
"Lands" shall mean the purchase of real property or interest in
real property.
"Capital outlay" shall mean and include buildings, lands or
buildings and lands, with such category or item of appropriation to
remain in effect as provided by section twelve, article three,
chapter twelve of the code.
From appropriations made to the spending units of state
government, upon approval of the governor there may be transferred
to a special account an amount sufficient to match federal funds
under any federal act.
Appropriations classified in any of the above categories shall
be expended only for the purposes as defined above and only for the
spending units herein designated: Provided, That the secretary of each department shall have the authority to transfer within the
department those general revenue funds appropriated to the various
agencies of the department: Provided, however, That no more than
five percent of the general revenue funds appropriated to any one
agency or board may be transferred to other agencies or boards within
the department and no funds so transferred may be transferred to a
"personal services" line: Provided further, That the secretary of
each department and the director, commissioner, executive secretary,
superintendent, chairman or any other agency head not governed by a
departmental secretary as established by chapter five-f of the code
shall have the authority to transfer funds appropriated to "personal
services" and "employee benefits" to other lines within the same
account and no funds from other lines shall be transferred to the
"personal services" line: And provided further, That the secretary
of each department and the director, commissioner, executive
secretary, superintendent, chairman or any other agency head not
governed by a departmental secretary as established by chapter five-f
of the code shall have the authority to transfer general revenue
funds appropriated to "annual increment" to other general revenue
accounts within the same department, bureau or commission for the
purpose of providing an annual increment in accordance with article
five, chapter five of the code: And provided further, That no
authority exists hereunder to transfer funds into line-items to which
no funds are legislatively appropriated: And provided further, That if the Legislature by subsequent enactment consolidates agencies,
boards or functions, the secretary or other appropriate agency head
may transfer the funds formerly appropriated to such agency, board
or function in order to implement such consolidation. No funds may
be transferred from a Special Revenue Account, dedicated account,
capital expenditure account or any other account or fund specifically
exempted by the Legislature from transfer, except that the use of the
appropriations from the State Road Fund for the office of the
Secretary of the Department of Transportation is not a use other than
the purpose for which such funds were dedicated and is permitted.
Appropriations otherwise classified shall be expended only where
the distribution of expenditures for different purposes cannot well
be determined in advance or it is necessary or desirable to permit
the spending unit the freedom to spend an appropriation for more than
one of the above classifications.Sec. 4. Method of expenditure.-Money appropriated by this bill,
unless otherwise specifically directed, shall be appropriated and
expended according to the provisions of article three, chapter twelve
of the code or according to any law detailing a procedure
specifically limiting that article.Sec. 5. Maximum expenditures.-No authority or requirement of
law shall be interpreted as requiring or permitting an expenditure
in excess of the appropriations set out in this bill.

TITLE II-APPROPRIATIONS.

ORDER OF SECTIONS

SECTION 1.

Appropriations from general revenue.

SECTION 2.

Appropriations from state road fund.

SECTION 3.

Appropriations from other funds.

SECTION 4.

Appropriations from lottery net profits.

SECTION 5.

Appropriations from state excess lottery revenue.

SECTION 6.

Appropriations of federal funds.

SECTION 7.

Appropriations from federal block grants.

SECTION 8.

Awards for claims against the state.

SECTION 9.

Special revenue appropriations.

SECTION 10.

State improvement fund appropriations.

SECTION 11.

Specific funds and collection accounts.

SECTION 12.

Appropriations for refunding erroneous payment.

SECTION 13.

Sinking fund deficiencies.

SECTION 14.

Appropriations for local governments.

SECTION 15.

Total appropriations.

SECTION 16.

General school fund.

Section 1. Appropriations from general revenue.-From the State
Fund, General Revenue, there are hereby appropriated conditionally
upon the fulfillment of the provisions set forth in article two,
chapter eleven-b of the code the following amounts, as itemized, for
expenditure during the fiscal year two thousand nine.

LEGISLATIVE

-Senate

Fund 0165 FY 2009 Org 2100

GeneralRevenueActivityFund

Compensation of Members (R)003$

1,010,000

Compensation and Per Diem of Officers
and Employees (R)005

3,003,210

Employee Benefits (R)010

597,712

Current Expenses and
Contingent Fund (R)021

700,000

Repairs and Alterations (R)064

450,000

Computer Supplies (R)101

40,000

Computer Systems (R)102

250,000

Printing Blue Book (R)103

150,000

Expenses of Members (R)

399

700,000

BRIM Premium (R)

913

29,482

Total$

6,930,404

The appropriations for the senate for the fiscal year 2008 are to remain in full force and effect and are hereby reappropriated to
June 30, 2009. Any balances so reappropriated may be transferred and
credited to the fiscal year 2009 accounts.
Upon the written request of the Clerk of the Senate, the auditor
shall transfer amounts between items of the total appropriation in
order to protect or increase the efficiency of the service.
The Clerk of the Senate, with the approval of the president, is
authorized to draw his or her requisitions upon the auditor, payable
out of the Current Expenses and Contingent Fund of the senate, for any
bills for supplies and services that may have been incurred by the
senate and not included in the appropriation bill, for supplies and
services incurred in preparation for the opening, the conduct of the
business and after adjournment of any regular or extraordinary
session, and for the necessary operation of the senate offices, the
requisitions for which are to be accompanied by bills to be filed with
the auditor.
The Clerk of the Senate, with the written approval of the
president, or the President of the Senate shall have authority to
employ such staff personnel during any session of the Legislature as
shall be needed in addition to staff personnel authorized by the
senate resolution adopted during any such session. The Clerk of the
Senate, with the written approval of the president, or the President
of the Senate shall have authority to employ such staff personnel
between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the
Legislature, notwithstanding any such senate resolution, to be fixed
by the President of the Senate. The clerk is hereby authorized to
draw his or her requisitions upon the auditor for the payment of all
such staff personnel for such services, payable out of the
appropriation for Compensation and Per Diem of Officers and Employees
or Current Expenses and Contingent Fund of the senate.
For duties imposed by law and by the senate, the Clerk of the
Senate shall be paid a monthly salary as provided by the senate
resolution, unless increased between sessions under the authority of
the president, payable out of the appropriation for Compensation and
Per Diem of Officers and Employees or Current Expenses and Contingent
Fund of the senate.
The distribution of the blue book shall be by the office of the
Clerk of the Senate and shall include seventy-five copies for each
member of the Legislature and two copies for each classified and
approved high school and junior high or middle school and one copy for
each elementary school within the state.

-House of Delegates

Fund 0170 FY 2009 Org 2200

Compensation of Members (R)003$

2,270,000

Compensation and Per Diem of Officers
and Employees (R)005

700,000

Current Expenses and Contingent Fund (R)021

4,621,162

Expenses of Members (R)399

1,190,000

BRIM Premium (R)913

28,120

Total$

8,809,282

The appropriations for the house of delegates for the fiscal year
2008 are to remain in full force and effect and are hereby
reappropriated to June 30, 2009. Any balances so reappropriated may
be transferred and credited to the fiscal year 2009 accounts.
Upon the written request of the Clerk of the House of Delegates,
the auditor shall transfer amounts between items of the total
appropriation in order to protect or increase the efficiency of the
service.
The Clerk of the House of Delegates, with the approval of the
speaker, is authorized to draw his or her requisitions upon the
auditor, payable out of the Current Expenses and Contingent Fund of
the house of delegates, for any bills for supplies and services that
may have been incurred by the house of delegates and not included in
the appropriation bill, for bills for services and supplies incurred
in preparation for the opening of the session and after adjournment,
and for the necessary operation of the house of delegates' offices,
the requisitions for which are to be accompanied by bills to be filed
with the auditor.
The Speaker of the House of Delegates, upon approval of the house
committee on rules, shall have authority to employ such staff
personnel during and between sessions of the Legislature as shall be needed, in addition to personnel designated in the house resolution,
and the compensation of all personnel shall be as fixed in such house
resolution for the session, or fixed by the speaker, with the approval
of the house committee on rules, during and between sessions of the
Legislature, notwithstanding such house resolution. The Clerk of the
House of Delegates is hereby authorized to draw requisitions upon the
auditor for such services, payable out of the appropriation for the
Compensation and Per Diem of Officers and Employees or Current
Expenses and Contingent Fund of the house of delegates.
For duties imposed by law and by the house of delegates,
including salary allowed by law as keeper of the rolls, the Clerk of
the House of Delegates shall be paid a monthly salary as provided in
the house resolution, unless increased between sessions under the
authority of the speaker, with the approval of the house committee on
rules, and payable out of the appropriation for Compensation and Per
Diem of Officers and Employees or Current Expenses and Contingent Fund
of the house of delegates.

-Joint Expenses

(WV Code Chapter 4)

Fund 0175 FY 2009 Org 2300

Joint Committee on
Government and Finance (R)

104$

7,300,000

Legislative Printing (R)105

800,000

Legislative Rule-Making
Review Committee (R)

106

155,000

Legislative Computer System (R)107

950,000

Joint Standing Committee
on Education (R)

108

88,000

Tax Reduction and Federal Funding
Increased Compliance(TRAFFIC)(R)

642

15,000,000

BRIM Premium (R)

913

22,000

Total$

24,315,000

The appropriations for the joint expenses for the fiscal year
2008 are to remain in full force and effect and are hereby
reappropriated to June 30, 2009. Any balances so reappropriated may
be transferred and credited to the fiscal year 2009 accounts.
Upon the written request of the Clerk of the Senate, with the
approval of the President of the Senate, and the Clerk of the House
of Delegates, with the approval of the Speaker of the House of
Delegates, and a copy to the Legislative Auditor, the auditor shall
transfer amounts between items of the total appropriation in order to
protect or increase the efficiency of the service.
The appropriation for the Tax Reduction and Federal Funding
Increased Compliance (TRAFFIC) (fund 0175, activity 642) is intended
for possible general state tax reductions or the offsetting of any
reductions in federal funding for state programs.

JUDICIAL

-Supreme Court-

General Judicial

Fund 0180 FY 2009 Org 2400

Personal Services (R)

001

$64,454,126

Annual Increment (R)004

700,000

Employee Benefits (R)

010

20,361,633

Unclassified (R)

099

23,723,424

Judges' Retirement System (R)110

2,763,000

Retirement Systems-
Unfunded Liability (R)

775

3,271,000

BRIM Premium (R)913

374,015

Total

$115,647,198

The appropriations to the supreme court of appeals for the fiscal
years 2007 and 2008 are to remain in full force and effect and are
hereby reappropriated to June 30, 2009. Any balances so
reappropriated may be transferred and credited to the fiscal year 2009
accounts.
This appropriation shall be administered by the Administrative
Director of the Supreme Court of Appeals, who shall draw requisitions
for warrants in payment in the form of payrolls, making deductions
therefrom as required by law for taxes and other items.
The appropriations for the Judges' Retirement System (activity
110) and Retirement Systems-Unfunded Liability (activity 775) are to
be transferred to the consolidated public retirement board, in
accordance with the law relating thereto, upon requisition of the Administrative Director of the Supreme Court of Appeals.

EXECUTIVE

-Governor's Office

(WV Code Chapter 5)

Fund 0101 FY 2009 Org 0100

Personal Services001$2,432,788
Salary of Governor002

122,500

Annual Increment004

22,350

Employee Benefits010

722,856

Unclassified (R)099

1,446,075

National Governors' Association123

95,200

Southern States Energy Board

124

28,732

Southern Governors' Association

314

25,000

Pharmaceutical Advocate

753

614,325

BRIM Premium

913

206,143

P20 Jobs Cabinet

954

40,000

Total$5,755,969
Any unexpended balances remaining in the appropriations for
Unclassified (fund 0101, activity 099), Publication of Papers and
Transition Expenses-Surplus (fund 0101, activity 359), Capital Outlay,
Repairs and Equipment (fund 0101, activity 589), JOBS Fund (fund 0101,
activity 665), and Pharmaceutical Cost Management Council (fund 0101,
activity 796) at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.

-Governor's Office-

Custodial Fund

(WV Code Chapter 5)

Fund 0102 FY 2009 Org 0100

Unclassified-Total (R)096$

646,264

Any unexpended balance remaining in the appropriation for
Unclassified-Total (fund 0102, activity 096) at the close of the
fiscal year 2008 is hereby reappropriated for expenditure during the
fiscal year 2009.
Funds are to be used for current general expenses, including
compensation of employees, household maintenance, cost of official
functions and additional household expenses occasioned by such
official functions.

-Governor's Office-

Civil Contingent Fund

(WV Code Chapter 5)

Fund 0105 FY 2009 Org 0100

Civil Contingent Fund-Total (R)

114

$4,000,000

Any unexpended balances remaining in the appropriation for Stream
Restoration-Surplus (fund 0105, activity 078), Business and Economic
Development Stimulus-Surplus (fund 0105, activity 084), Civil
Contingent Fund-Total (fund 0105, activity 114), Civil Contingent
Fund-Total-Surplus (fund 0105, activity 238), Civil Contingent Fund-
Surplus (fund 0105, activity 263), Business and Economic Development Stimulus (fund 0105, activity 586), and Civil Contingent Fund (fund
0105, activity 614) at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.
From this appropriation there may be expended, at the discretion
of the Governor, an amount not to exceed one thousand dollars as West
Virginia's contribution to the interstate oil compact commission.
The above appropriation is intended to provide contingency funding
for accidental, unanticipated, emergency or unplanned events which may
occur during the fiscal year and is not to be expended for the normal
day-to-day operations of the governor's office.

-Auditor's Office-

General Administration

(WV Code Chapter 12)

Fund 0116 FY 2009 Org 1200

Personal Services001$

2,264,450

Salary of Auditor002

85,000

Annual Increment004

38,365

Employee Benefits010

793,983

Unclassified 099

622,226

State Employee Sick Leave Fund

10,000,000

BRIM Premium

913

15,428

Total$

13,819,452

-Treasurer's Office

(WV Code Chapter 12)

Fund 0126 FY 2009 Org 1300

Personal Services001$

1,984,224

Salary of Treasurer002

85,000

Annual Increment004

25,000

Employee Benefits010

640,025

Unclassified (R)099

849,757

Abandoned Property Program118

304,181

Tuition Trust Fund (R)692

156,854

Personal Finance Education Program
for 21st Century Skills

250,000

BRIM Premium

913

30,809

Total

$

4,325,850

Any unexpended balances remaining in the appropriations for
Unclassified (fund 0126, activity 099) and Tuition Trust Fund (fund
0126, activity 692) at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.

-Department of Agriculture

(WV Code Chapter 19)

Fund 0131 FY 2009 Org 1400

Personal Services001$

4,016,684

Salary of Commissioner002

85,000

Annual Increment004

88,130

Employee Benefits010

1,563,324

Animal Identification Program039206,956
State Farm Museum

055

110,000

Unclassified (R)099

1,457,459

Gypsy Moth Program (R)119

1,214,534

Huntington Farmers Market

128

50,000

Black Fly Control (R)

137

805,926

Donated Foods Program

363

50,000

Predator Control (R)470

260,000

Logan Farmers Market

501

42,976

Bee Research

691

74,353

Microbiology Program (R)785

161,127

Moorefield Agriculture Center (R)786

1,160,108

BRIM Premium

913

145,962

4-H Camp Improvements

941

650,000

Threat Preparedness

942

76,771

WV Food Banks

969

100,000

Seniors's Farmers' Market Nutrition
Coupon Program

970

65,000

Total

$

12,384,310

Any unexpended balances remaining in the appropriations for
Unclassified-Surplus (fund 0131, activity 097), Unclassified (fund
0131, activity 099), Gypsy Moth Program (fund 0131, activity 119),
Black Fly Control (fund 0131, activity 137), Predator Control (fund
0131, activity 470), Microbiology Program (fund 0131, activity 785),
and Moorefield Agriculture Center (fund 0131, activity 786) at the close of the fiscal year 2008 are hereby reappropriated for
expenditure during the fiscal year 2009.
A portion of the Unclassified appropriation may be transferred to
a special revenue fund for the purpose of matching federal funds for
marketing and development activities.
From the above appropriation for WV Food Banks (activity 969), the
full appropriation shall be allocated to the Huntington Food Bank and
the Mountaineer Food Bank in Braxton County.

-West Virginia Conservation Agency

(WV Code Chapter 19)

Fund 0132 FY 2009 Org 1400

Personal Services001$

502,380

Annual Increment004

8,650

Employee Benefits010

197,665

Unclassified (R) 099

446,997

Soil Conservation Projects (R)120

8,992,525

Marlinton Flood Wall (R)

757

1,500,000

BRIM Premium

913

12,969

Total$

11,661,186

Any unexpended balances remaining in the appropriations for
Unclassified (fund 0132, activity 099), Soil Conservation Projects
(fund 0132, activity 120), Maintenance of Flood Control Projects (fund
0132, activity 522), and Marlinton Flood Wall (fund 0132, activity
757) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.

-Department of Agriculture-

Meat Inspection

(WV Code Chapter 19)

Fund 0135 FY 2009 Org 1400

Unclassified-Total096$

682,428

Any part or all of this appropriation may be transferred to a
special revenue fund for the purpose of matching federal funds for the
above-named program.

-Department of Agriculture-

Agricultural Awards

(WV Code Chapter 19)

Fund 0136 FY 2009 Org 1400

Programs & Awards for 4-H Clubs and FFA/FHA

577

$ 15,000

Commissioner's Awards and Programs737

60,000

Total

$75,000

-Department of Agriculture-

West Virginia Agricultural Land Protection Authority

(WV Code Chapter 8A)

Fund 0607 FY 2009 Org 1400

Unclassified-Total

096

$

110,000

-Attorney General

(WV Code Chapters 5, 14, 46A and 47)

Fund 0150 FY 2009 Org 1500

Personal Services (R)001

$

2,464,631

Salary of Attorney General002

87,500

Annual Increment004

46,284

Employee Benefits (R)010

871,585

Unclassified (R)099

791,716

Better Government Bureau 740

311,704

Agency Client Revolving Liquidity Pool

120,000

BRIM Premium

913

118,590

Total

$

4,812,010

Any unexpended balances remaining in the above appropriations for
Personal Services (fund 0150, activity 001), Employee Benefits (fund
0150, activity 010), and Unclassified (fund 0150, activity 099) at the
close of the fiscal year 2008 are hereby reappropriated for
expenditure during the fiscal year 2009.
When legal counsel or secretarial help is appointed by the attorney
general for any state spending unit, this account shall be reimbursed
from such spending units specifically appropriated account or from
accounts appropriated by general language contained within this bill:
Provided, That the spending unit shall reimburse at a rate and upon
terms agreed to by the state spending unit and the attorney general:
Provided, however, That if the spending unit and the attorney general
are unable to agree on the amount and terms of the reimbursement, the
spending unit and the attorney general shall submit their proposed
reimbursement rates and terms to the Governor for final determination.

-Secretary of State

(WV Code Chapters 3, 5 and 59)

Fund 0155 FY 2009 Org 1600

Personal Services001$

682,979

Salary of Secretary of State002

82,500

Annual Increment004

11,950

Employee Benefits010261,932
Unclassified (R)099

95,127

Technology Improvements

599

-0-

BRIM Premium913

33,554

Total

$

1,168,042

Any unexpended balance remaining in the appropriation for
Unclassified (fund 0155, activity 099) at the close of the fiscal year
2008 is hereby reappropriated for expenditure during the fiscal year
2009.

-State Election Commission

(WV Code Chapter 3)

Fund 0160 FY 2009 Org 1601

Unclassified-Total096$

10,275

DEPARTMENT OF ADMINISTRATION

-Department of Administration-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0186 FY 2009 Org 0201

Personal Services

001$

479,648

Annual Increment

004

2,000

Employee Benefits

010

124,281

Teachers' Retirement Savings Realized

095

3,826,000

Unclassified

099

117,632

Lease Rental Payments

516

16,000,000

Design-Build Board

540

19,068

Financial Advisor

304

200,000

BRIM Premium

913

10,071

Total

$

20,778,700

Any unexpended balance remaining in the appropriation for Financial
Advisor (fund 0186, activity 304) at the close of the fiscal year 2008
is hereby reappropriated for expenditure during the fiscal year 2009.
The appropriation for Lease Rental Payments shall be disbursed as
provided by chapter thirty-one, article fifteen, section six-b of the
code.
The above appropriation for Teachers' Retirement Savings Realized
(activity 095) shall be transferred to the Employee Pension and Health
Care Benefit Fund (fund 2044).

-Consolidated Public Retirement Board

(WV Code Chapter 5)

Fund 0195 FY 2009 Org 0205

Any unexpended balance remaining in the appropriation for Pension
Merger Administrative Costs (fund 0195, activity 429) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during
the fiscal year 2009.
The division of highways, division of motor vehicles, public
service commission and other departments, bureaus, divisions, or
commissions operating from special revenue funds and/or federal funds
shall pay their proportionate share of the retirement costs for their
respective divisions. When specific appropriations are not made, such
payments may be made from the balances in the various special revenue
funds in excess of specific appropriations.

-Division of Finance

(WV Code Chapter 5A)

Fund 0203 FY 2009 Org 0209

Personal Services001$

82,411

Annual Increment004

888

Employee Benefits010

29,431

Unclassified099

140,663

GAAP Project (R)125

857,879

BRIM Premium

913

16,722

Total$

1,127,994

Any unexpended balance remaining in the appropriation for GAAP
Project (fund 0203, activity 125) at the close of the fiscal year 2008
is hereby reappropriated for expenditure during the fiscal year 2009.

-Division of General Services

(WV Code Chapter 5A)

Fund 0230 FY 2009 Org 0211

Personal Services001$

1,495,066

Annual Increment004

22,334

Employee Benefits010

597,635

Unclassified099

736,079

Fire Service Fee

126

14,000

BRIM Premium913

112,481

Total$

2,977,595

-Division of Purchasing

(WV Code Chapter 5A)

Fund 0210 FY 2009 Org 0213

Personal Services001$

946,454

Annual Increment004

12,228

Employee Benefits010

301,971

Unclassified099

209,345

BRIM Premium

913

6,167

Total$

1,476,165

The division of highways shall reimburse the Unclassified
appropriation (fund 2031, activity 099) within the division of
purchasing for all actual expenses incurred pursuant to the provisions
of section thirteen, article two-a, chapter seventeen of the code.

-Commission on Uniform State Laws

(WV Code Chapter 29)

Fund 0214 FY 2009 Org 0217

Unclassified-Total096$

45,000

To pay expenses for members of the commission on uniform state
laws.

-West Virginia Public Employees Grievance Board

(WV Code Chapter 6C)

Fund 0220 FY 2009 Org 0219

Personal Services001$

650,070

Annual Increment004

8,100

Employee Benefits010

178,618

Unclassified099

154,567

BRIM Premium

913

3,885

Total$

995,240

Any unexpended balance remaining in the appropriation for
Unclassified-Surplus (fund 0220, activity 097) at the close of the
fiscal year 2008 is hereby reappropriated for expenditure during the
fiscal year 2009.

-Ethics Commission

(WV Code Chapter 6B)

Fund 0223 FY 2009 Org 0220

Unclassified099$

712,820

BRIM Premium

913

3,098

Total$

715,918

-Public Defender Services

(WV Code Chapter 29)

Fund 0226 FY 2009 Org 0221

Personal Services001$

634,919

Annual Increment004

8,150

Employee Benefits010

217,726

Unclassified 099

308,740

Appointed Counsel Fees and
Public Defender Corporations (R)127

30,493,799

Public Defender Corporations (R)

352

3,375,000

BRIM Premium

913

18,340

Total$

35,056,674

Any unexpended balances remaining in the above appropriations for
Appointed Counsel Fees and Public Defender Corporations (fund 0226,
activity 127), and Public Defender Corporations (fund 0226, activity
352) at the close of the fiscal year 2008 are hereby reappropriated
for expenditure during the fiscal year 2009.

-Committee for the Purchase of

Commodities and Services from the Handicapped

(WV Code Chapter 5A)

Fund 0233 FY 2009 Org 0224

Unclassified-Total096$

5,046

-West Virginia Prosecuting Attorneys Institute

(WV Code Chapter 7)

Fund 0557 FY 2009 Org 0228

Forensic Medical Examinations (R)683$

144,109

Federal Funds/Grant Match (R)749

100,894

Total$245,003
Any unexpended balances remaining in the appropriations for
Forensic Medical Examinations (fund 0557, activity 683) and Federal
Funds/Grant Match (fund 0557, activity 749) at the close of the fiscal
year 2008 are hereby reappropriated for expenditure during the fiscal
year 2009.

Any unexpended balances remaining in the appropriations for Tourism
Special Projects-Surplus (fund 0246, activity 293) and Tourism-Special
Projects (fund 0246, activity 859) at the close of the fiscal year
2008 are hereby reappropriated for expenditure during the fiscal year
2009.

Any unexpended balance remaining in the appropriation for Mineral
Mapping System (fund 0253, activity 207) at the close of the fiscal
year 2008 is hereby reappropriated for expenditure during the fiscal
year 2009.
The above Unclassified appropriation includes funding to secure
federal and other contracts and may be transferred to a special
revolving fund (fund 3105, activity 099) for the purpose of providing
advance funding for such contracts.

Robert C. Byrd Institute for Advanced/
Flexible Manufacturing-Technology
Outreach and Programs for
Environmental and Advanced Technologies

367

519,800

Advantage Valley

389

74,300

Chemical Alliance Zone

390

38,300

WV High Tech Consortium

391

235,783

Charleston Farmers Market

476

100,000

Industrial Park Assistance (R)

480

650,000

International Offices (R)593690,644
Small Business Development (R)

703

423,187

WV Manufacturing Extension Partnership

731

144,000

Polymer Alliance

754

115,000

Regional Councils

784

440,000

Mainstreet Program

794

200,000

National Institute of Chemical Studies

805

70,500

Local Economic Development
Assistance (R)

819

6,600,000

I-79 Development Council

824

50,000

Community College Workforce Development

878

-0-

College Transition Program

887

-0-

WV Advance Workforce Development

893

-0-

Technical Program Development

894

-0-

BRIM Premium

913

26,096

Hardwood Alliance Zone

992

42,600

Total$

25,404,198

Any unexpended balances remaining in the appropriations for
Tourism-Unclassified-Surplus (fund 0256, activity 075), Unclassified-
Surplus (fund 0256, activity 097), Partnership Grants (fund 0256,
activity 131), Local Economic Development Partnerships (fund 0256,
activity 133), Mid-Atlantic Aerospace Complex (fund 0256, activity
231), Guaranteed Work Force Grant (fund 0256, activity 242), Local
Economic Development Assistance-Surplus (fund 0256, activity 266),
Small Business Financial Assistance (fund 0256, activity 360),
Industrial Park Assistance (fund 0256, activity 480), Leverage
Technology and Small Business Development Program (fund 0256, activity
525), International Offices (fund 0256, activity 593), Small Business
Development (fund 0256, activity 703), Local Economic Development
Assistance (fund 0256, activity 819), Economic Development Assistance
(fund 0256, activity 900), and Mining Safety Technology (fund 0256,
activity 945) at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.
The above appropriation to Local Economic Development Partnerships
(activity 133) shall be used by the West Virginia development office
for the award of funding assistance to county and regional economic
development corporations or authorities participating in the certified
development community program developed under the provisions of
section fourteen, article two, chapter five-b of the code. The West
Virginia development office shall award the funding assistance through
a matching grant program, based upon a formula whereby funding
assistance may not exceed thirty-four thousand dollars per county
served by an economic development corporation or authority.
From the above appropriation, $125,000 is for King Coal Highway
Authority; $125,000 is for Coal Field Expressway Authority; $100,000
is Coal Heritage Highway Authority; $100,000 is for Coal Heritage Area
Authority; $50,000 is for Little Kanawha River Parkway; $90,000 is for
Midland Trail Scenic Highway Association; $57,000 is for Shawnee
Parkway Authority; $100,000 is for Corridor G Highway Authority; and
$75,000 is for Corridor H Authority.

Any unexpended balance remaining in the above appropriation for
Fish Hatchery Improvements (fund 0265, activity 825) at the close of
the fiscal year 2008 is hereby reappropriated for expenditure during
the fiscal year 2009.
Any revenue derived from mineral extraction at any state park shall
be deposited in a special revenue account of the division of natural
resources, first for bond debt payment purposes and with any remainder to be for park operation and improvement purposes.

Total$10,794,485
Any unexpended balance remaining in the above appropriation for
Unclassified (fund 0277, fiscal year 2006, activity 099) at the end of
the fiscal year 2007 is hereby reappropriated for expenditure during
the fiscal year 2008.
The appropriation above for Unclassified (fund 0277, fiscal year
2006, activity 099) shall be used in developing, procuring and/or
deploying, technologies to assist in locating and communicating with
trapped miners, supporting life, transporting rescue personnel and
rescued individuals through underground mines and otherwise assist
with mine rescue operations.

From the above appropriation for Unclassified - Total (fund 0612,
activity 096) $730,000 each is for West Virginia University and
Southern West Virginia Community and Technical College for the Mine
Training and Energy Technologies Academy.

DEPARTMENT OF EDUCATION

-State Department of Education-

School Lunch Program

(WV Code Chapters 18 and 18A)

Fund 0303 FY 2009 Org 0402

Personal Services001$

245,455

Annual Increment004

3,825

Employee Benefits010

87,562

Unclassified099

2,536,597

Total$

2,873,439

-State FFA-FHA Camp and

Conference Center

(WV Code Chapters 18 and 18A)

Fund 0306 FY 2009 Org 0402

Personal Services001$

618,821

Annual Increment00416,658
Employee Benefits010251,410
Unclassified099

130,500

BRIM Premium

913

34,651

Total$1,052,040

-State Department of Education

(WV Code Chapters 18 and 18A)

Fund 0313 FY 2009 Org 0402

Personal Services001$

3,552,974

Annual Increment004

37,965

Employee Benefits010

1,095,782

Unclassified (R)099

3,400,000

34/1000 Waiver

139

400,000

Increased Enrollment

140

8,680,000

Safe Schools

143

2,000,000

Teacher Mentor (R)

158

-0-

National Teacher Certification (R)

161

1,000,000

Allowance for County Transfers

264

240,169

Technology Repair and Modernization

298

1,000,000

HVAC Technicians355

496,246

Early Retirement Notification Incentive

366

300,000

MATH Program

368

400,000

Teacher Reimbursement

573

300,000

Hospitality Training

600

433,803

Low Student Enrollment Allowance

615

1,850,000

Foreign Student Education (R)

636

93,752

State Teacher of the Year

640

42,643

Principals Mentorship

649

80,000

Allowance for Work Based Learning

744

60,000

Pilot Program of Structured in-school
Alternatives

826

100,000

21st Century Learners (R)

886

2,746,377

BRIM Premium

913

338,053

High Acuity Health Care Needs Program

920

1,000,000

School Nurse Funding

921

1,384,522

21st Century Assessment and Professional
Development931

4,500,000

WV Commission on Holocaust Education

935

15,000

Regional Education Service Agencies

972

4,200,000

Sparse Population Allocation

973

300,000

School Access Safety

978

7,000,000

Educational Program Allowance

996

250,000

Allowance for Extraordinary
Sustained Growth

943

809,871

Total$

48,107,157

The above appropriation includes the state board of education and
their executive office.
Any unexpended balances remaining in the appropriations for
Collaborative Resource Allocation (fund 0313, activity 041),
Educational Achievement Incentive (fund 0313, activity 042),
Unclassified (fund 0313, activity 099), Teacher Mentor (fund 0313,
activity 158), National Teacher Certification (fund 0313, activity
161), Foreign Student Education (fund 0313, activity 636), 21st Century
Learners (fund 0313, activity 886), and Educational Enhancements-
Surplus (fund 0313, activity 927) at the close of the fiscal year 2008
are hereby reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Sparse Population Allocation
(activity 973), funding shall be provided in the same manner as in Fiscal Year 2007. It shall be available to those counties whose
population falls at or below 2.5 students per square mile and which
have more than 650 square miles for transportation purposes.
From the above appropriation for Educational Program Allowance
(activity 996), $100,000 shall be expended for Webster County Board of
Education for Hacker Valley and $150,000 for the Randolph County Board
of Education for Pickens School.
From the above appropriation for Low Student Enrollment Allowance
(activity 615), funds shall be allocated to county boards of education
in accordance with the provisions of §18-9A-22 of the Code of West
Virginia.
The above appropriation for Hospitality Training (activity 600),
shall be allocated only to entities that have a plan approved for
funding by the Department of Education, at the funding level
determined by the State Superintendent of Schools. Plans shall be
submitted to the State Superintendent of Schools to be considered for
funding.
The above appropriation for School Access Safety (activity 978)
shall be transferred to the School Access Safety Fund (fund 3516).

-State Department of Education-

Aid for Exceptional Children

(WV Code Chapters 18 and 18A)

Fund 0314 FY 2009 Org 0402

Special Education-Counties159$

7,271,757

Special Education-Institutions1603,680,924
Education of Juveniles Held in
Predispositional Juvenile
Detention Centers302

588,624

Education of Institutionalized
Juveniles and Adults (R)472

16,247,449

Total$27,788,754
Any unexpended balance remaining in the appropriation for Education
of Institutionalized Juveniles and Adults (fund 0314, activity 472) at
the close of the fiscal year 2008 is hereby reappropriated for
expenditure during the fiscal year 2009.
From the above appropriation for Education of Institutionalized
Juveniles and Adults (activity 472), an additional $250,000 shall be
provided for the Burlington Center-Mineral County.
From the above appropriations, the superintendent shall have
authority to expend funds for the costs of special education for those
children residing in out-of-state placements.

-State Department of Education-

State Aid to Schools

(WV Code Chapters 18 and 18A)

Fund 0317 FY 2009 Org 0402

Other Current Expenses022$147,899,771
Professional Educators151873,253,650
Service Personnel152277,584,806
Fixed Charges153103,575,461
Transportation15465,231,306
Administration155

3,086,366

21st Century Strategic Technology
Learning Growth

936

1,137,057

Improved Instructional Programs156

34,137,057

Basic Foundation Allowances

1,505,905,474

Less Local Share

(359,598,579)

Total Basic State Aid

1,146,306,895

Public Employees' Insurance Matching012202,503,349
Teachers' Retirement System01949,839,994
School Building Authority453

23,345,075

Retirement Systems-Unfunded Liability

775289,707,000

Total

$

1,711,702,313

-State Board of Education-

Vocational Division

(WV Code Chapters 18 and 18A)

Fund 0390 FY 2009 Org 0402

Personal Services001$

1,039,288

Annual Increment004

17,658

Employee Benefits010

367,061

Unclassified099

1,210,000

Wood Products-Forestry Vocational
Program

146

57,530

Albert Yanni Vocational Program

147

150,000

Vocational Aid

148

17,201,272

Adult Basic Education149

3,895,071

Program Modernization

305

1,000,000

Technical and Secondary Program
Improvement Staff

330

292,550

GED Testing339

322,698

Aquaculture Support

769

89,305

FFA Grant Awards

839

13,000

Pre-Engineering Academy Program

840

300,000

Total$

25,955,433

-State Board of Education-

Division of Educational Performance Audits

(WV Code Chapters 18 and 18A)

Fund 0573 FY 2009 Org 0402

Personal Services001$

431,237

Annual Increment004

3,900

Employee Benefits010

115,435

Unclassified099

179,782

Total$

730,354

-West Virginia Schools for the

Deaf and the Blind

(WV Code Chapters 18 and 18A)

Fund 0320 FY 2009 Org 0403

Personal Services001$8,024,010
Annual Increment004

6,350

Employee Benefits010

3,194,771

Unclassified099

1,607,491

Capital Outlay and Maintenance

755

125,000

BRIM Premium

913

66,286

Total$

13,023,908

DEPARTMENT OF EDUCATION AND THE ARTS

-Department of Education and the Arts-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0294 FY 2009 Org 0431

Unclassified (R)

099

$

885,308

Center for Professional Development (R)

115

3,173,145

Governor's Honor Academy (R)

478

500,450

Professional Development Collaborative

629

1,100,000

Energy Express

861

470,000

BRIM Premium

913

4,509

Total$6,133,412
Any unexpended balances remaining in the appropriations for
Unclassified (fund 0294, activity 099), Center for Professional
Development (fund 0294 activity 115), Governor's Honor Academy (fund
0294, activity 478), and CPD-Math Initiative (fund 0294, activity 517)
at the close of the fiscal year 2008 are hereby reappropriated for
expenditure during the fiscal year 2009.

Any unexpended balances remaining in the appropriations for Capital
Outlay, Repairs and Equipment (fund 0293, activity 589), Capital
Outlay, Repairs and Equipment-Surplus (fund 0293, activity 677),
Capital Outlay and Maintenance (fund 0293, activity 755), Independence
Hall (fund 0293, activity 812), and Historical Highway Marker Program
(fund 0293, activity 844) at the close of the fiscal year 2008 are
hereby reappropriated for expenditure during the fiscal year 2009.
The Unclassified appropriation includes funding for the arts funds,
department programming funds, grants, fairs and festivals and Camp
Washington Carver and shall be expended only upon authorization of the
division of culture and history and in accordance with the provisions of chapter five-a, article three, and chapter twelve of the code.
All federal moneys received as reimbursement to the division of
culture and history for moneys expended from the general revenue fund
for the arts fund and historical preservation are hereby
reappropriated for the purposes as originally made, including personal
services, current expenses and equipment.

Total$5,856,797
Any unexpended balances remaining in the appropriations for
Unclassified (fund 0300, activity 099) and Capital Outlay and
Maintenance (fund 0300, activity 755) at the close of the fiscal year
2008 are hereby reappropriated for expenditure during the fiscal year
2009.

Total$13,766,280
Any unexpended balances remaining in the appropriations for Ron
Yost Personal Assistance Fund (fund 0310, activity 407), Capital
Outlay, Repairs and Equipment-Surplus (fund 0310, activity 677), and
Capital Outlay and Maintenance (fund 0310, activity 755) at the close
of the fiscal year 2008 are hereby reappropriated for expenditure
during the fiscal year 2009.
From the above appropriation for Workshop Development (activity
163), funds shall be used exclusively with the private non-profit
community rehabilitation program organizations known as work centers
or sheltered workshops. The appropriation shall also be used to
continue the support of the program, services, and individuals with
disabilities currently in place at those 31 organizations.

Any unexpended balance remaining in the appropriation for the
Women's Commission (fund 0400, activity 191) at the close of the
fiscal year 2008 is hereby reappropriated for expenditure during the
fiscal year 2009.

Any unexpended balances remaining in the appropriations for
Statewide EMS Program Support (fund 0407, activity 383), Maternal and
Child Health Clinics, Clinicians and Medical Contracts and Fees (fund
0407, activity 575), Capital Outlay and Maintenance (fund 0407,
activity 755), Healthy Lifestyles (fund 0407, activity 778),
Assistance to Primary Health Care Centers Community Health Foundation
(fund 0407, activity 845) and Tobacco Education Program (fund 0407,
activity 906) at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Maternal and Child Health Clinics,
Clinicians and Medical Contracts and Fees (fund 0407, activity 575)
$250,000 is for the West Virginia University Center for Excellence in
Women's Health.
From the Unclassified line item (activity 099), $50,000 shall be
expended for the West Virginia Aids Coalition. Also included in the
above appropriation for Unclassified, is an additional $100,000 for Human Papillomavirus (HPV) Education.
From the Maternal and Child Health Clinics, Clinicians, and Medical
Contracts and Fees line item, $400,000 shall be transferred to the
Breast and Cervical Cancer Diagnostic Treatment Fund.
From the above appropriation for ABCA Tobacco Retailer Education
Program-Transfer (activity 239), $200,000 shall be transferred to the
Alcohol Beverage Control Administration (fund 7352, org 0708) for
expenditure.
Included in the above appropriation for Primary Care Centers-
Mortgage Finance is $50,000 for the mortgage payment for the Lincoln
Primary Care Center, Inc.; $53,140 for the mortgage payment for the
Monroe Health Center; $42,564 for the mortgage payment for Roane
County Family Health Care, Inc.; $30,000 for the mortgage payment for
the Tug River Health Association, Inc.; $48,000 for the mortgage
payment for the Primary Care Systems (Clay); $20,000 for the mortgage
payment for the Belington Clinic; $30,000 for the mortgage payment for
the Tri-County Health Clinic; $15,000 for the mortgage payment for
Valley Health Care (Randolph); $58,560 for the mortgage payment for
Valley Health Systems, Inc. (Woman's Place and Harts Health Clinic);
$8,000 for the mortgage payment for Northern Greenbrier Health Clinic;
$12,696 for the mortgage payment for the Women's Care, Inc. (Putnam);
$25,000 for the mortgage payment for the Preston-Taylor Community
Health Centers, Inc.; $20,000 for the mortgage payment for the North
Fork Clinic (Pendleton); $40,000 for the mortgage payment for the Pendleton Community Care; $38,400 for the mortgage payment for Clay-
Battelle Community Health Center; $33,600 for the mortgage payment for
Mountaineer Health Clinic in Paw Paw; $13,000 for the mortgage payment
for the St. George Medical Clinic; $28,000 for the mortgage payment
for the Bluestone Health Center; $45,000 for the mortgage payment for
Wheeling Health Right; $48,000 for the mortgage payment for the Minnie
Hamilton Health Care Center, Inc.; $54,000 for the mortgage payment
for the Shenandoah Valley Medical Systems, Inc.; $45,000 for the
mortgage payment for the Change, Inc.; and $28,958 for the mortgage
payment for the Wirt County Health Services Association.
Also included in the above appropriation for State Aid to Local
Health Departments is additional funding for salary increases.
From the above appropriation for Unclassified (activity 099),
$50,000 is for Hospital Hospitality House of Huntington.

Any unexpended balances remaining in the appropriations for
Behavioral Health Program-Unclassified (fund 0525, activity 219),
Institutional Facilities Operations (fund 0525, activity 335), Capital
Outlay (fund 0525, activity 511), Capital Outlay and Maintenance (fund
0525, activity 755), and Colin Anderson Community Placement (fund
0525, activity 803) at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.
The secretary shall, within fifteen days after the close of the
six-month period of said fiscal year, file with the legislative
auditor and the department of revenue an itemized report of
expenditures made during the preceding six-month period.
Included in the above appropriation for Behavioral Health Program -
Unclassified (fund 0525, activity 219) is $100,000 for the Four Angels
Substance Abuse Treatment Project development.
From the above appropriation to Institutional Facilities
Operations, together with available funds from the division of health-
hospital services revenue account (fund 5156, activity 335), on July
1, 2008, the sum of one hundred sixty thousand dollars shall be transferred to the department of agriculture-land division as advance
payment for the purchase of food products; actual payments for such
purchases shall not be required until such credits have been
completely expended.
Additional funds have been appropriated in fund 5156, fiscal year
2009, organization 0506, for the operation of the institutional
facilities. The secretary of the department of health and human
resources is authorized to utilize up to ten percent of the funds from
the Institutional Facilities Operations line item to facilitate cost
effective and cost saving services at the community level.

-Division of Health-

West Virginia Drinking Water Treatment

(WV Code Chapter 16)

Fund 0561 FY 2009 Org 0506

West Virginia Drinking Water Treatment
Revolving Fund-Transfer689$

700,000

The above appropriation for Drinking Water Treatment Revolving
Fund-Transfer shall be transferred to the West Virginia Drinking Water
Treatment Revolving Fund or appropriate bank depository and the
Drinking Water Treatment Revolving-Administrative Expense Fund as
provided by chapter sixteen of the code.

Any unexpended balances remaining in the appropriations for Medical Services (fund 0403, activity 189), Family Resource Networks (fund
0403, activity 274), and Indigent Burials (fund 0403, activity 851) at
the close of the fiscal year 2008 are hereby reappropriated for
expenditure during the fiscal year 2009.
The above appropriation for James "Tiger" Morton Catastrophic
Illness Fund (activity 455) shall be transferred to the James "Tiger"
Morton Catastrophic Illness Fund (fund 5454) as provided by chapter
sixteen, article five-q, of the code.
The above appropriation for Domestic Violence Legal Services Fund
(activity 384) shall be transferred to the Domestic Violence Legal
Services Fund (fund 5455).
Notwithstanding the provisions of Title I, section three of this
bill, the secretary of the department of health and human resources
shall have the authority to transfer funds within the above account:
Provided, That no more than five percent of the funds appropriated to
one line item may be transferred to other line items: Provided,
however, That no funds from other line items shall be transferred to
the personal services line item.
From the above appropriation for Child Support Enforcement (fund
0403, activity 705) an amount not to exceed $300,000 may be
transferred to a local banking depository to be utilized to offset
funds determined to be uncollectible.
From the above appropriation for the Grants for Licensed Domestic
Violence Programs and Statewide Prevention (activity 750), $500,000 shall be divided equally and distributed among the fourteen (14)
licensed programs and the West Virginia Coalition Against Domestic
Violence (WVCADV).
Any unexpended balance remaining in the appropriation for Grants
for Licensed Domestic Violence Programs and Statewide Prevention
(activity 750), shall be distributed according to the formula
established by the Family Protection Services Board.
The secretary shall have authority to expend funds for the
educational costs of those children residing in out-of-state
placements, excluding the costs of special education programs.
The above appropriation for Children's Trust Fund-Transfer
(activity 951) shall be transferred to the Children's Fund (fund 5469,
org 0511).
From the WV Works Separate State Program (activity 698), $1,700,000
shall be transferred to the WV WORKS Separate State College Program
Fund, and $3,300,000 shall be transferred to the WV WORKS Separate
State Two Parent Families Program Fund.

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

-Department of Military Affairs and

Public Safety-

Office of the Secretary

(WV Code Chapter 5F)

Fund 0430 FY 2009 Org 0601

Unclassified (R)

099

$539,663

BRIM Premium

913

9,404

Homeland State Security Administrative
Agency (R)

953

578,543

WV Fire and EMS Survivor Benefit

939

250,000

Total

$

1,377,610

Any unexpended balances remaining in the appropriations for
Unclassified (fund 0430, activity 099), Capital Outlay (fund 0430,
activity 511), Interoperable Communications System-Surplus (fund 0430,
activity 771) and Homeland State Security Administrative Agency (fund
0430, activity 953), at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.

Any unexpended balances remaining in the appropriations for
Unclassified (fund 0433, activity 099), and Armory Capital Improvements-Surplus (fund 0433, activity 325) at the close of the
fiscal year 2008 are hereby reappropriated for expenditure during the
fiscal year 2009.
From the above appropriation an amount approved by the adjutant
general and the secretary of military affairs and public safety may be
transferred to the State Armory Board for operation and maintenance of
National Guard Armories.

Any unexpended balance remaining in the appropriation for
Management Information System (fund 0446, activity 398) at the close
of the fiscal year 2008 is hereby reappropriated for expenditure
during the fiscal year 2009.

-Division of Corrections-

Correctional Units

(WV Code Chapters 25, 28, 49 and 62)

Fund 0450 FY 2009 Org 0608

Employee Benefits

010

$

356,824

Childrens Protection Act (R)

090

927,500

Unclassified

099

1,309,825

Charleston Work Release

456

1,359,592

Beckley Correctional Center

490

1,002,306

Huntington Work Release

495

900,580

Anthony Center

504

4,684,880

Huttonsville Correctional Center

514

20,560,081

Northern Correctional Facility

534

6,866,421

Inmate Medical Expenses (R)

535

22,726,064

Pruntytown Correctional Center

543

6,805,814

Payments to Federal, County and/or
Regional Jails

555

17,168,500

Corrections Academy

569

1,284,271

Martinsburg Correctional Center

663

3,325,643

Parole Services

686

2,455,078

Special Services

687

3,128,722

Capital Outlay and Maintenance (R)

755

2,000,000

Stephens Correctional Facility

791

5,724,500

St. Mary's Correctional Facility

881

13,007,505

Denmar Correctional Facility

882

4,310,992

Ohio County Correctional Facility

883

1,508,111

Mt. Olive Correctional Facility

888

20,090,342

Lakin Correctional Facility

896

10,461,396

BRIM Premium913

923,862

Total$

158,888,809

Any unexpended balances remaining in the appropriations for
Children's Protection Act (fund 0450, activity 090), Unclassified-
Surplus (fund 0450, activity 097), Inmate Medical Expenses (fund 0450,
activity 535), and Capital Outlay and Maintenance (fund 0450, activity
755) at the close of the fiscal year 2008 are hereby reappropriated for expenditure during the fiscal year 2009.
The commissioner of corrections shall, within fifteen days after
the close of each six-month period of said fiscal year, file with the
legislative auditor and the department of revenue an itemized report
of expenditures made during the preceding six-month period. Such
report shall include the total of expenditures made for personal
services, annual increment, current expenses (inmate medical expenses
and other), repairs and alterations and equipment.
The commissioner of corrections shall also have the authority to
transfer between line items appropriated to the individual
correctional units above and may transfer funds from the individual
units to Payments to Federal, County and/or Regional Jails (fund 0450,
activity 555) or Inmate Medical Expenses (fund 0450, activity 535).
From the above appropriation to Unclassified, on July 1, 2008, the
sum of three hundred thousand dollars shall be transferred to the
department of agriculture-land division as advance payment for the
purchase of food products; actual payments for such purchases shall
not be required until such credits have been completely expended.

Any unexpended balances remaining in the appropriations for
Barracks Maintenance and Construction (fund 0453, activity 494),
Communications and Other Equipment (fund 0453, activity 558), Capital
Outlay and Maintenance (fund 0453, activity 755), Law Enforcement-
Special Projects (fund 0453, activity 787), and Automated Fingerprint
Identification System (fund 0453, activity 898) at the close of the
fiscal year 2008 are hereby reappropriated for expenditure during the
fiscal year 2009.
From the above appropriation for Capital Outlay and Maintenance,
the sum of $250,000 shall be utilized for the construction of a new detachment in Calhoun County, provided that the Calhoun County Board
of Education is willing to donate the land for the site to the State
Police, and provided further that any site preparation needed on the
site shall be completed as part of the donation.
From the above appropriation for Personal Services, an amount not
less than $25,000 shall be expended to offset the costs associated
with providing police services for the West Virginia State Fair.

Any unexpended balances remaining in the appropriations for
Veterans' Nursing Home (fund 0456, activity 286), Veterans'
Reeducation Assistance (fund 0456, activity 329), Veterans' Grant
Program (fund 0456, activity 342), Women's Veterans' Monument (fund
0456, activity 385), Veterans' Bonus (fund 0456, activity 483), and
Educational Opportunities for Children of Deceased Veterans (fund
0456, activity 854) at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.
The above appropriation for Veterans' Nursing Home (fund 0456,
activity 286) may be transferred to the Veterans Facilities Support
Fund (fund 6703, org 0613) at the discretion of the director of the
Division of Veterans' Affairs.

Any unexpended balances remaining in the appropriations for
Community Corrections-Surplus(fund 0546, activity 060) and Community
Corrections (fund 0546, activity 561) at the close of the fiscal year
2008 are hereby reappropriated for expenditure during the fiscal year
2009.

Any unexpended balances remaining in the appropriations for
Equipment (fund 0585, activity 070) and Unclassified (fund 0585,
activity 099) at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.

DEPARTMENT OF REVENUE

-Office of the Secretary

(WV Code Chapter 11)

Fund 0465 FY 2009 Org 0701

Unclassified-Total

096

$

875,228

Any unexpended balance remaining in the appropriation for
Unclassified (fund 0465, activity 099) at the close of the fiscal year
2008 is hereby reappropriated for expenditure during the fiscal year
2009.

Any unexpended balance remaining in the appropriation for
Unclassified (fund 0595, activity 099) at the close of the fiscal year
2008 is hereby reappropriated for expenditure during the fiscal year
2009.

-West Virginia Office of Tax Appeals

(WV Code Chapter 11)

Fund 0593 FY 2009 Org 0709

Unclassified-Total (R)

096

$683,995

Any unexpended balance remaining in the appropriation for
Unclassified-Total (fund 0593, activity 096) at the close of the
fiscal year 2008 is hereby reappropriated for expenditure during the
fiscal year 2009.

-Division of Professional and

Occupational Licenses-

State Athletic Commission

(WV Code Chapter 29)

Fund 0523 FY 2009 Org 0933

Unclassified-Total

096

$89,500

DEPARTMENT OF TRANSPORTATION

-State Rail Authority

(WV Code Chapter 29)

Fund 0506 FY 2009 Org 0804

Unclassified

099

$2,616,410

BRIM Premium

913

205,260

Total

$2,821,670

From the above appropriation for Unclassified (activity 099),
$30,000 shall be expended for improvements at the Duffield Station.

-Division of Public Transit

(WV Code Chapter 17)

Fund 0510 FY 2009 Org 0805

Unclassified (R)

099

$1,758,342

Federal Funds/Grant Match(R)

749

1,265,000

Total

$3,023,342

Any unexpended balances remaining in the appropriations for
Unclassified (fund 0510, activity 099), Grant Match (fund 0510,
activity 388), and Federal Funds/Grant Match (fund 0510, activity 749)
at the close of the fiscal year 2008 are hereby reappropriated for
expenditure during the fiscal year 2009.

-Public Port Authority

(WV Code Chapter 17)

Fund 0581 FY 2009 Org 0806

Unclassified (R)099$437,485
BRIM Premium

913

5,570

Total

$

443,055

Any unexpended balances remaining in the appropriations for
Unclassified-Total (fund 0581, activity 096) and Unclassified (fund
0581, activity 099) at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.

-Aeronautics Commission

(WV Code Chapter 29)

Fund 0582 FY 2009 Org 0807

Unclassified (R)

099

$1,316,880

Civil Air Patrol

234

163,258

Total

$1,480,138

Any unexpended balances remaining in the appropriations for
Unclassified-Surplus (fund 0582, activity 097) and Unclassified (fund
0582, activity 099) at the close of the fiscal year 2008 are hereby
reappropriated for expenditure during the fiscal year 2009.
From the above appropriation for Unclassified, the sum of $120,000
shall be distributed equally to each of the twelve local Civil Air
Patrol Squadrons.

BUREAU OF SENIOR SERVICES

-Bureau of Senior Services

(WV Code Chapter 29)

Fund 0420 FY 2009 Org 0508

Any unexpended balance remaining in the appropriation for
Unclassified-Total-Surplus (fund 0420, activity 284) at the close of
the fiscal year 2008 is hereby reappropriated for expenditure during
the fiscal year 2009.

HIGHER EDUCATION

-West Virginia Council for

Community and Technical College Education-

Control Account

(WV Code Chapter 18B)

Fund 0596 FY 2009 Org 0420

New River Community and
Technical College

358

$

5,665,066

West Virginia Council for Community
and Technical Education (R)

392

725,644

Eastern West Virginia Community and
Technical College

412

2,060,003

West Virginia State Community and
Technical College

445

4,032,421

Southern West Virginia Community and
Technical College

446

8,607,090

West Virginia Northern Community and
Technical College

447

7,690,576

West Virginia University-
Parkersburg

471

9,710,979

West Virginia University Institute
for Technology Community and
Technical College

486

3,890,744

Marshall Community and
Technical College

487

5,903,373

Community College
Workforce Development (R)

878

1,000,000

Blue Ridge Community and
Technical College

885

2,952,477

College Transition Program (R)

887

333,500

West Virginia Advance Workforce
Development (R)

893

5,000,000

Technical Program Development (R)

894

3,000,000

Pierpont Community and Technical College

930

8,322,035

Total

$

68,893,908

Any unexpended balances remaining in the appropriations for
Unclassified-Surplus (fund 0596, activity 097), Unclassified (fund
0596, activity 099), the West Virginia Council for Community and
Technical Education (fund 0596, activity 392), Community College
Workforce Development (fund 0596, activity 878), College Transition
Program (fund 0596, activity 887), West Virginia Advance Workforce
Development (fund 0596, activity 893), and Technical Program
Development (fund 0596, activity 894) at the close of the fiscal year
2008 are hereby reappropriated for expenditure during the fiscal year
2009.
From the above appropriation for the Community College Workforce
Development (activity 878), $200,000 shall be expended on the Mine
Training Program in Southern West Virginia.
The institutions operating with special revenue funds and/or
federal funds shall pay their proportionate share of the Board of Risk
and Insurance Management total insurance premium cost for their respective institutions.

-Higher Education Policy Commission-

Administration-

Control Account

(WV Code Chapter 18B)

Fund 0589 FY 2009 Org 0441

Unclassified

099

$

2,169,682

Higher Education Grant Program

164

34,084,576

WVNET

169

2,072,040

VISTA E-Learning (R)

519

300,000

PROMISE Scholarship-Transfer

800

14,616,000

HEAPS Grant Program

867

5,003,696

BRIM Premium

913

56,054

Total

$

58,302,048

Any unexpended balances remaining in the appropriations for
Research Challenge (fund 0589, activity 502), VISTA E-Learning (fund
0589, activity 519), and Vice Chancellor for Health Sciences-Rural
Health Initiative Program and Site Support (fund 0589, activity 595)
at the close of the fiscal year 2008 are hereby reappropriated for
expenditure during the fiscal year 2009.
The above appropriation for Higher Education Grant Program
(activity 164) shall be transferred to the Higher Education Grant Fund
(fund 4933, org 0441) established by chapter eighteen-c, article five,
section three.
The above appropriation for PROMISE Scholarship-Transfer (activity
800) shall be transferred to the PROMISE Scholarship Fund (fund 4296,
org 0441) established by chapter eighteen-c, article seven, section
seven.

-Higher Education Policy Commission

-

System-

Control Account

(WV Code Chapter 18B)

Fund 0586 FY 2009 Org 0442

WVU School of Health Science-
Eastern Division

056

$

2,604,323

School of Osteopathic Medicine

172

7,431,263

Marshall Medical School

173

12,300,471

WVU-School of Health Sciences

174

17,055,497

WVU School of Health Sciences-
Charleston Division

175

2,609,805

School of Osteopathic Medicine
BRIM Subsidy

403

174,475

Bluefield State College

408

6,422,357

Concord University

410

9,956,663

Fairmont State University

414

13,743,903

Glenville State College

428

6,247,985

Shepherd University

432

10,992,414

West Liberty State College

439

9,094,033

West Liberty State College
Highland Complex

800,000

West Virginia State University

441

10,704,843

Marshall University

448

49,183,494

Marshall University Medical School
BRIM Subsidy

449

1,015,462

West Virginia University

459

114,233,826

West Virginia University School of
Medicine BRIM Subsidy

460

1,400,038

West Virginia University Institute
for Technology

479

8,511,268

State Priorities-Brownfield Professional
Development (R)

531

902,830

Rural Health Initiative-Medical
Schools Support

581

474,857

Area Health Education Centers

743

-0-

Medical Schools - Centers
for Rural Health

600,000

West Virginia State University Land
Grant Match956

1,908,000

West Virginia University-
Potomac State

994

4,380,398

Total

$

290,143,882

Any unexpended balances remaining in the appropriations for Marshall School of Medicine-Surplus (fund 0586, activity 452), WVUIT-
ABET Accreditation (fund 0586, activity 454), Jackson's Mill (fund
0586, activity 461), State Priorities-Brownfield Professional
Development (fund 0586, activity 531), Jackson's Mill-Surplus (fund
0586, activity 842), Higher Education-Special Projects-Surplus (fund
0586, activity 946), and Blanchette Rockefeller Neurological Services-
Surplus (fund 0586, activity 947) at the close of fiscal year 2008 are
hereby reappropriated for expenditure during the fiscal year 2009.
Included in the appropriation for WVU-School of Health Sciences
and Marshall Medical School are $943,080 and $295,477, respectively,
for Graduate Medical Education which may be transferred to the
Department of Health and Human Resources' Medical Service Fund (fund
5084) for the purpose of matching federal or other funds to be used in
support of graduate medical education, subject to approval of the
Vice-Chancellor for Health Sciences and the Secretary of the
Department of Health and Human Resources. If approval is denied, the
funds may be utilized by the respective institutions for expenditure
on graduate medical education.
Included in the above appropriation for WVU-School of Health
Sciences is $800,000 for the Blanchette Rockefeller Project.
Included in the above appropriation for West Virginia University is
$34,500 for the Marshall and WVU Faculty and Course Development
International Study Project, $246,429 for the WVU Law School-Skills
Program, $147,857 for the WVU Coal and Energy Research Bureau, $19,714 for the WVU College of Engineering and Mineral Resources-Diesel
Training-Transfer, $165,000 for the WVU-Sheep Study/Potomac Equine
Program, $500,000 for the Mining Engineering Program, $500,000 for the
Center for Multiple Sclerosis Program, $550,000 for the Davis College
of Forestry Agriculture and Consumer Sciences various improvements,
$200,000 for Reedsville Arena, Meat Labs, and outreach activities,
$80,000 for a Landscape Architect at Davis College of Forestry
Agriculture and Consumer Sciences, $100,000 for the WVU-Soil Testing
Program, $100,000 for a veterinarian, 50,000 for the WVU Cancer Study,
220,000 for the WVU Petroleum Engineering Program, $260 for the
Alzheimer's Disease Registry, and $100,000 for the rifle team.
Included in the above appropriation for Marshall Medical School is
$417,351 for the Marshall University Forensic Lab and $175,061 for the
Marshall University Center for Rural Health.
Included in the above appropriation for Marshall University is
$181,280 for the Marshall University-Southern WV CTC 2+2 Program.
Included in the above appropriation for Concord University is
$100,000 for the Geographic Alliance.
Included in the above appropriation for Shepherd University is
$100,000 for the Gateway Program.
From the above appropriation for State Priorities-Brownfield
Professional Development (fund 0586, activity 591) $50,000 shall be
made payable to both Marshall University and West Virginia University
for a demographer.
From the above appropriation for Medical Schools-Centers for Rural
Health (fund 0586) the appropriation shall be split evenly among the
state's three medical schools.
The institutions operating from special revenue funds and/or
federal funds shall pay their proportionate share of the Board of Risk
and Insurance Management total insurance premium cost for their
respective institutions.
From the above appropriations to the respective medical schools,
the line items for BRIM subsidies funding shall be paid to the Board
of Risk and Insurance Management as a general revenue subsidy against
the "Total Premium Billed" to each institution as part of the full
cost of their malpractice insurance coverage.
Total TITLE II, Section 1-General Revenue

$3,894,002,506

Sec. 2. Appropriations from state road fund.-From the state road
fund there are hereby appropriated conditionally upon the fulfillment
of the provisions set forth in article two, chapter eleven-b of the
code the following amounts, as itemized, for expenditure during the
fiscal year two thousand nine.

The above appropriations are to be expended in accordance with the
provisions of chapters seventeen and seventeen-c of the code.
The commissioner of highways shall have the authority to operate
revolving funds within the state road fund for the operation and
purchase of various types of equipment used directly and indirectly in
the construction and maintenance of roads and for the purchase of
inventories and materials and supplies.
There is hereby appropriated within the above items sufficient
money for the payment of claims, accrued or arising during this
budgetary period, to be paid in accordance with sections seventeen and
eighteen, article two, chapter fourteen of the code.
It is the intent of the Legislature to capture and match all
federal funds available for expenditure on the Appalachian highway
system at the earliest possible time. Therefore, should amounts in
excess of those appropriated be required for the purposes of
Appalachian programs, funds in excess of the amount appropriated may
be made available upon recommendation of the commissioner and approval
of the governor. Further, for the purpose of Appalachian programs,
funds appropriated to line items may be transferred to other line
items upon recommendation of the commissioner and approval of the
governor.
Total TITLE II, Section 2-State Road Fund

$1,180,345,947

Sec. 3. Appropriations from other funds.-From the funds designated
there are hereby appropriated conditionally upon the fulfillment of
the provisions set forth in article two, eleven-b of the code the
following amounts, as itemized, for expenditure during the fiscal year two thousand nine.

Total$4,133,578
Any unexpended balance remaining in the appropriation for Economic
Loss Claim Payment Fund (fund 1731, activity 334) at the close of the
fiscal year 2008 is hereby reappropriated for expenditure during the
fiscal year 2009.

There is hereby appropriated from this fund, in addition to the
above appropriation, the necessary amount for the expenditure of funds
other than personal services or employee benefits to enable the
division to pay the direct expenses relating to land sales as provided
in chapter eleven-a of the West Virginia Code.
The total amount of this appropriation shall be paid from the
special revenue fund out of fees and collections as provided by law.

Unclassified-Total096$400,000
Fifty percent of the deposits made into this fund shall be
transferred to the Treasurer's Office-Technology Support and
Acquisition Fund (fund 1329, org 1300) for expenditure for the
purposes described in West Virginia Code § 12-3-10c.

The total amount of this appropriation shall be paid from a special
revenue fund out of collections made by the division of information
services and communications as provided by law.
Each spending unit operating from the general revenue fund, from special revenue funds or receiving reimbursement for postage from the
federal government shall be charged monthly for all postage meter
service and shall reimburse the revolving fund monthly for all such
amounts.

The total amount of this appropriation shall be paid from a special
revenue fund out of fees collected by the division of personnel.

-West Virginia Prosecuting Attorneys Institute

(WV Code Chapter 7)

Fund 2521 FY 2009 Org 0228

Unclassified-Total (R)096$549,968
Any unexpended balance remaining in the appropriation for
Unclassified-Total (fund 2521, activity 096) at the close of the
fiscal year 2008 is hereby reappropriated for expenditure during the
fiscal year 2009.

-Office of Technology-

Chief Technology Officer Administration Fund

(WV Code Chapter 5A)

Fund 2531 FY 2009 Org 0231

Unclassified-Total096

$

2,046,636

From the above fund, the provisions of West Virginia Code §11B-2-18
shall not operate to permit expenditures in excess of the funds
authorized for expenditure herein.

The total amount of this appropriation shall be paid from a special
revenue fund out of fees collected by the division of natural
resources.
Any unexpended balances remaining in the appropriations for Point of Sales Licensing System (fund 3200, activity 043), and Capital
Improvements and Land Purchase (fund 3200, activity 248) at the close
of the fiscal year 2008 are hereby reappropriated for expenditure
during the fiscal year 2009.

Any unexpended balance remaining in the appropriation for Energy
Assistance-Total (fund 3010, activity 647) at the close of the fiscal
year 2008 is hereby reappropriated for expenditure during the fiscal
year 2009.

-Division of Energy-

Office of Coal Field Community Development

(WV Code Chapter 5B)

Fund 3011 FY 2009 Org 0328

Unclassified-Total (R)

096

$834,355

Any unexpended balance remaining in the above appropriation for
Unclassified-Total (fund 3011, activity 096) at the close of the
fiscal year 2008 is hereby reappropriated for expenditure during the
fiscal year 2009.

DEPARTMENT OF EDUCATION

-State Board of Education-

Strategic Staff Development

(WV Code Chapter 18)

Fund 3937 FY 2009 Org 0402

Unclassified-Total (R)096$806,972
Any unexpended balance remaining in the appropriation for
Unclassified-Total (fund 3937, activity 096) at the close of the
fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.

The above appropriation for the administrative expenses of the
school building authority shall be paid from the interest earnings on
debt service reserve accounts maintained on behalf of said authority.

Any unexpended balance remaining in the appropriation for
Unclassified-Total (fund 3508, activity 096), EPSCoR (fund 3508,
activity 571), and EPSCoR-Total (fund 3508, activity 651) at the close
of the fiscal year 2008 are hereby reappropriated for expenditure
during the fiscal year 2009.

The total amount of this appropriation shall be paid from a special revenue fund out of collections made by the board of barbers and
cosmetologists as provided by law.

-WV Board of Medicine

(WV Code Chapter 30)

Fund 5106 FY 2009 Org 0506

Unclassified-Total096$1,223,424

-Division of Health-

Tobacco Settlement Expenditure Fund

(WV Code Chapter 4)

Fund 5124 FY 2009 Org 0506

Any unexpended balances remaining in the above appropriations for
Institutional Facilities Operations (fund 5124, activity 335) and
Tobacco Education Program (fund 5124, activity 906) at the close of
the fiscal year 2008 are hereby reappropriated for expenditure during
the fiscal year 2009, except for $2,206,610.58 for fund 5124, activity
335, fiscal year 2003; $963,157.19 for fund 5124, activity 335, fiscal
year 2006; and $962,749.96 for fund 5124, activity 335, fiscal year
2007.

Any unexpended balance remaining in the appropriation for hospital
services revenue account at the close of the fiscal year 2008 is
hereby reappropriated for expenditure during the fiscal year 2009,
except for fund 5156, activity 040 (fiscal year 2007) which shall
expire on June 30, 2008.
The total amount of this appropriation shall be paid from the
hospital services revenue account special fund created by section
thirteen, article one, chapter sixteen of the code, and shall be used
for operating expenses and for improvements in connection with existing facilities and bond payments.
The secretary of the department of health and human resources is
authorized to utilize up to ten percent of the funds from the
appropriation for Institutional Facilities Operations line to
facilitate cost effective and cost saving services at the community
level.
Necessary funds from the above appropriation may be used for
medical facilities operations, either in connection with this account
or in connection with the line item designated Institutional
Facilities Operations in the consolidated medical service fund (fund
0525, fiscal year 2009, organization 0506).
From the above appropriation to Institutional Facilities
Operations, together with available funds from the consolidated
medical services fund (fund 0525, activity 335) on July 1, 2008, the
sum of one hundred sixty thousand dollars shall be transferred to the
department of agriculture-land division as advance payment for the
purchase of food products; actual payments for such purchases shall
not be required until such credits have been completely expended.

The above appropriation is to be expended in accordance with and
pursuant to the provisions of article twenty-nine-b, chapter sixteen
of the code and from the special revolving fund designated health care
cost review fund.
The Health Care Authority is authorized to transfer up to
$1,500,000 from this fund to the West Virginia Health Information
Network Account (fund 5380) as authorized per 16-29G-4.

-West Virginia Health Care Authority-

West Virginia Health Information Network Account

(WV Code Chapter 16)

Fund 5380 FY 2009 Org 0507

Unclassified

099

$1,500,000

Technology Infrastructure Network

351

3,500,000

Total

$

5,000,000

-West Virginia Health Care Authority-

Revolving Loan Fund

(WV Code Chapter 16)

Fund 5382 FY 2009 Org 0507

Unclassified-Total

096

$6,000,000

-Division of Human Services-

Health Care Provider Tax

(WV Code Chapter 11)

Fund 5090 FY 2009 Org 0511

Medical Services189$165,595,278
Medical Services Administrative Costs

789

409,623

Total

$

166,004,901

From the above appropriation, an amount not to exceed $209,623
shall be transferred to a special revenue account in the treasury for
use by the department of health and human resources for administrative
purposes. The remainder of all moneys deposited in the fund shall be
transferred to the West Virginia medical services fund (fund 5084).

-Division of Human Services-

Child Support Enforcement

(WV Code Chapter 48A)

Fund 5094 FY 2009 Org 0511

Unclassified-Total (R)096$31,000,000
Any unexpended balance remaining in the appropriation for
Unclassified-Total (fund 5094, activity 096) at the close of the
fiscal year 2008 is hereby reappropriated for expenditure during the
fiscal year 2009, except $3,000,000 for fund 5094, activity 096,
fiscal year 2006 and $2,315,968 for fund 5094, activity 096, fiscal
year 2007 which shall expire on June 30, 2008.

-Division of Human Services-

Medical Services Trust Fund

(WV Code Chapter 9)

Fund 5185 FY 2009 Org 0511

Medical Services189

$

30,556,594

Medical Services Administrative Costs

789

527,539

Total

$

31,084,133

The above appropriation to Medical Services shall be used to
provide state match of Medicaid expenditures as defined and authorized
in subsection (c) of Chapter 9-4A-2a. Expenditures from the fund are
limited to the following: payment of backlogged billings, funding for
services to future federally mandated population groups and payment of
the required state match for medicaid disproportionate share payments.
The remainder of all moneys deposited in the fund shall be transferred
to the division of human services accounts.

-Division of Human Services-

James "Tiger" Morton Catastrophic Illness Fund

(WV Code Chapter 16)

Fund 5454 FY 2009 Org 0511

Unclassified-Total

096

$1,609,004

-Family Protection Services Board-

Domestic Violence Legal Services Fund

(WV Code Chapter 48)

Fund 5455 FY 2009 Org 0511

Unclassified-Total

096

$838,022

-Division of Human Services-

West Virginia Works Separate State College Program Fund

(WV Code Chapter 9)

Fund 5467 FY 2009 Org 0511

Unclassified-Total

096

$1,700,000

-Division of Human Services-

West Virginia Works Separate State Two-Parent Program Fund

(WV Code Chapter 9)

Fund 5468 FY 2009 Org 0511

Unclassified-Total

096

$3,300,000

DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY

-Department of Military Affairs and Public Safety-

Office of the Secretary-

Law-Enforcement, Safety and

Emergency Worker Funeral

Expense Payment Fund

(WV Code Chapter 15)

Fund 6003 FY 2009 Org 0601

Unclassified-Total096$25,000

-State Armory Board-

General Armory Fund

(WV Code Chapter 15)

Fund 6057 FY 2009 Org 0603

Unclassified-Total096$1,459,901

-Division of Homeland Security and

Emergency Management-

West Virginia Interoperable Radio Project

(WV Code Chapter 24)

Fund 6295 FY 2009 Org 0606

Unclassified-Total (R)

096

$

2,000,000

Any unexpended balance remaining in the appropriation for
Unclassified-Total (fund 6295, activity 096) at the close of fiscal
year 2008 is hereby reappropriated for expenditure during the fiscal
year 2009.

The total amount of this appropriation shall be paid from the
special revenue fund out of fees collected for inspection stickers as
provided by law.

-West Virginia State Police-

Drunk Driving Prevention Fund

(WV Code Chapter 15)

Fund 6513 FY 2009 Org 0612

Unclassified099$1,327,000
BRIM Premium

913

154,452

Total

$

1,481,452

The total amount of this appropriation shall be paid from the
special revenue fund out of receipts collected pursuant to sections
nine-a and sixteen, article fifteen, chapter eleven of the code and
paid into a revolving fund account in the state treasury.

-West Virginia State Police-

Surplus Real Property Proceeds Fund

(WV Code Chapter 15)

Fund 6516 FY 2009 Org 0612

Unclassified099$444,980
BRIM Premium

913

77,222

Total

$

522,202

-West Virginia State Police-

Surplus Transfer Account

(WV Code Chapter 15)

Fund 6519 FY 2009 Org 0612

Unclassified (R)099$312,002
BRIM Premium

913

54,063

Total

$

366,065

Any unexpended balance remaining in the appropriation for
Unclassified (fund 6519, fiscal year 2008, activity 099) at the close
of the fiscal year 2008 is hereby reappropriated for expenditure
during the fiscal year 2009.

Any unexpended balances remaining in the appropriations at the close of the fiscal year 2008 are hereby reappropriated for
expenditure during the fiscal year 2009.
The total amount of this appropriation shall be paid from a special
revenue fund out of collections of fees and charges as provided by
law.

Medical Expenses-Total245$57,000
The total amount of this appropriation shall be paid from the
special revenue fund out of collections of license fees and fines as
provided by law.
No expenditures shall be made from this account except for
hospitalization, medical care and/or funeral expenses for persons
contributing to this fund.

Any unexpended balance remaining in the appropriation for
Unclassified (fund 7352, activity 099) at the close of the fiscal year
2008 is hereby reappropriated for expenditure during the fiscal year
2009.
From the above appropriation an amount shall be used for the
Tobacco/Alcohol Education Program.
The total amount of this appropriation shall be paid from a special
revenue fund out of liquor revenues.
The above appropriation includes the salary of the commissioner and
the salaries, expenses and equipment of administrative offices,
warehouses and inspectors.
There is hereby appropriated from liquor revenues, in addition to
the above appropriation, the necessary amount for the purchase of
liquor as provided by law.

DEPARTMENT OF TRANSPORTATION

-Division of Motor Vehicles

-

Dealer Recovery Fund

(WV Code Chapter 17)

Fund 8220 FY 2009 Org 0802

Unclassified-Total

096

$

189,000

-Division of Motor Vehicles

-

Motor Vehicle Fees Fund

(WV Code Chapter 17B)

Fund 8223 FY 2009 Org 0802

Unclassified-Total096$3,929,487

-Division of Highways-

A. James Manchin Fund

(WV Code Chapter 17)

Fund 8319 FY 2009 Org 0803

Unclassified-Total096$3,276,000

-Public Port Authority-

Special Railroad and Intermodal Enhancement Fund

(WV Code Chapter 17)

Fund 8254 FY 2009 Org 0806

Unclassified-Total096$2,500,000

BUREAU OF SENIOR SERVICES

-Bureau of Senior Services-

Community Based Service Fund

(WV Code Chapter 22)

Fund 5409 FY 2009 Org 0508

Unclassified-Total

096

$

4,500,000

HIGHER EDUCATION

-Higher Education Policy Commission-

System-

Registration Fee Capital Improvement Fund

(Capital Improvement and Bond Retirement Fund)

Control Account

(WV Code Chapters 18 and 18B)

Fund 4902 FY 2009 Org 0442

Debt Service (R)

040

$

4,822,241

General Capital Expenditures (R)

306

500,000

Total

$

5,322,241

Any unexpended balances remaining in the appropriations at the
close of fiscal year 2008 are hereby reappropriated for expenditure
during the fiscal year 2009.
The total amount of this appropriation shall be paid from the
special capital improvements fund created in section eight, article
ten, chapter eighteen-b of the code. Projects are to be paid on a
cash basis and made available on July 1 of each year.
The above appropriations, except for debt service, may be
transferred to special revenue funds for capital improvement projects
at the institutions.

-Higher Education Policy Commission-

System-

Tuition Fee Capital Improvement Fund

(Capital Improvement and Bond Retirement Fund)

Control Account

(WV Code Chapters 18 and 18B)

Fund 4903 FY 2009 Org 0442

Debt Service (R)

040

$

23,470,321

General Capital Expenditures (R)

306

3,000,000

Facilities Planning
and Administration (R)

386

411,016

Total

$

26,881,337

Any unexpended balances remaining in the appropriations at the
close of fiscal year 2008 are hereby reappropriated for expenditure
during the fiscal year 2009.
The total amount of this appropriation shall be paid from the
special capital improvement fund created in section eight, article
ten, chapter eighteen-b of the code. Projects are to be paid on a
cash basis and made available on July 1.
The above appropriations, except for debt service, may be
transferred to special revenue funds for capital improvement projects
at the institutions.

-Higher Education Policy Commission-

Tuition Fee Revenue Bond Construction Fund

(WV Code Chapters 18 and 18B)

Fund 4906 FY 2009 Org 0442

Any unexpended balance remaining in the appropriation at the close
of the fiscal year 2008 is hereby reappropriated for expenditure
during the fiscal year 2009.
The appropriation shall be paid from available unexpended cash
balances and interest earnings accruing to the fund. The
appropriation shall be expended at the discretion of the Higher
Education Policy Commission and the funds may be allocated to any
institution within the system.
The total amount of this appropriation shall be paid from the
unexpended proceeds of revenue bonds previously issued pursuant to
section eight, article twelve-b, chapter eighteen of the code, which
have since been refunded.

-Health Sciences-

West Virginia University Health Sciences Center

(WV Code Chapters 18 and 18B)

Fund 4179 FY 2009 Org 0463

Unclassified-Total (R)

096

$

15,792,712

Any unexpended balance remaining in the appropriation at the close
of fiscal year 2008 is hereby reappropriated for expenditure during
the fiscal year 2009.

Total$19,019,782
The total amount of this appropriation shall be paid from a special
revenue fund out of collection for special license fees from public
service corporations as provided by law.
The Public Service Commission is authorized to spend up to
$500,000, from surplus funds in this account, to meet the expected
deficiencies in the Motor Carrier Division (fund 8625, org 0926) due
to the amendment and reenactment of §24A-3-1 by Enrolled House Bill
Number 2715, Regular Session, 1997.

Total$309,874
The total amount of this appropriation shall be paid from a special
revenue fund out of receipts collected for or by the public service
commission pursuant to and in the exercise of regulatory authority
over pipeline companies as provided by law.

Total$2,863,789
The total amount of this appropriation shall be paid from a special
revenue fund out of receipts collected for or by the public service
commission pursuant to and in the exercise of regulatory authority
over motor carriers as provided by law.

Total$798,079
The total amount of this appropriation shall be paid out of
collections of license fees as provided by law.

-WV Board of Examiners for Speech-Language

Pathology and Audiology

(WV Code Chapter 30)

Fund 8646 FY 2009 Org 0930

Unclassified-Total096$94,381

-WV Board of Respiratory Care

(WV Code Chapter 30)

Fund 8676 FY 2009 Org 0935

Unclassified-Total096$109,757

-WV Board of Licensed Dietitians

(WV Code Chapter 30)

Fund 8680 FY 2009 Org 0936

Unclassified-Total096$18,900

-Massage Therapy Licensure Board

(WV Code Chapter 30)

Fund 8671 FY 2009 Org 0938

Unclassified-Total096

$125,422

-Board of Treasury Investments

(WV Code Chapter 12)

Fund 9152 FY 2009 Org 0950

Unclassified-Total

096

$

1,265,507

There is hereby appropriated from this fund, in addition to the
above appropriation, the amount of funds necessary for the Board of
Treasury Investments to pay the fees and expenses of custodians, fund
advisors and fund managers for the Consolidated fund of the State as
provided in Chapter 12, Article 6C of the West Virginia Code.
The total amount of the appropriation shall be paid from the
special revenue fund out of fees and collections as provided by law.
Total TITLE II, Section 3-Other Funds

$ 1,344,939,300

Sec. 4. Appropriations from lottery net profits.-Net profits of
the lottery are to be deposited by the director of the lottery to the
following accounts in the amounts indicated. The director of the
lottery shall prorate each deposit of net profits in the proportion
the appropriation for each account bears to the total of the
appropriations for all accounts.
After first satisfying the requirements for Fund 2252, Fund 3963,
and Fund 4925 pursuant to section eighteen, article twenty-two,
chapter twenty-nine of the code, the director of the lottery shall
make available from the remaining net profits of the lottery any amounts needed to pay debt service for which an appropriation is made
for Fund 9065, Fund 4297, and Fund 3514 and is authorized to transfer
any such amounts to Fund 9065, Fund 4297, and Fund 3514 for that
purpose. Upon receipt of reimbursement of amounts so transferred, the
director of the lottery shall deposit the reimbursement amounts to the
following accounts as required by this section.

Any unexpended balances remaining in the appropriations for Gypsy
Moth Suppression Program for State Parks (fund 3267, activity 017),
Unclassified (fund 3267, activity 099), Capital Outlay-Parks (fund
3267, activity 288), Non-Game Wildlife (fund 3267, activity 527),
State Parks and Recreation Advertising (fund 3267, activity 619), and
State Parks-Special Projects (fund 3267, activity 860) at the close of
the fiscal year 2008 are hereby reappropriated for expenditure during
the fiscal year 2009.

-State Department of Education

(WV Code Chapters 18 and 18A)

Fund 3951 FY 2009 Org 0402

Unclassified

099

$

4,439,772

READS Program

365

300,000

MATH Program368-0-
FBI Checks

372

111,546

Vocational Education
Equipment Replacement

393

819,750

Assessment Program (R)

396

6,495,906

21st Century Fellows

300,000

SAS in Schools

125,000

Early Retirement Incentive

650,000

21st Century Technology Infrastructure
Network Tools and Support (R)

933

22,838,746

Total$36,080,720
Any unexpended balances remaining in the appropriations for
Unclassified (fund 3951, activity 099), Technology Infrastructure
Network (fund 3951, activity 351), Assessment Program (fund 3951,
activity 396), Technology Demonstration Project (fund 3951, activity
639), 21st Century Technology Infrastructure Network Tools and Support
(fund 3951, activity 933), and Computer Study (fund 3951, activity
998) at the close of the fiscal year 2008 are hereby reappropriated
for expenditure during the fiscal year 2009.
The above appropriation for Technology Infrastructure Network shall be expended on the following programs and technology: Computer Basic
Skills, S.U.C.C.E.S.S., WVEIS, Technology Repair and Modernization,
Technology and Telecommunications Initiative and other programs in the
field that will benefit the Counties.

-State Department of Education-

School Building Authority-

Debt Service Fund

(WV Code Chapter 18)

Fund 3963 FY 2009 Org 0402

Debt Service-Total310$18,000,000

-Department of Education and the Arts-

Office of the Secretary-

Control Account-

Lottery Education Fund

(WV Code Chapter 5F)

Fund 3508 FY 2009 Org 0431

Unclassified (R)

099

$

120,000

WV Humanities Council

168

450,000

Commission for National and
Community Service

193

435,050

Arts Programs (R)

500

80,000

College Readiness (R)

579

203,080

Challenger Learning Center

862

125,000

Statewide STEM 21st Century Academy

897

150,000

Special Olympic Games

966

25,000

Total

$1,588,130

Any unexpended balances remaining in the appropriations for
Unclassified (fund 3508, activity 099), Arts Programs (fund 3508,
activity 500), and College Readiness (fund 3508, activity 579) at the
close of fiscal year 2008 are hereby reappropriated for expenditure
during the fiscal year 2009.

Total$59,314,643
Any unexpended balance remaining in the appropriation for Senior
Citizen Centers and Programs (fund 5405, activity 462) at the close of
the fiscal year 2008 is hereby reappropriated for expenditure during
the fiscal year 2009.
From the above appropriation for Senior Citizen Centers and
Programs (fund 5405, activity 462) $500,000 is for emergency needs as
determined by the Commissioner of Senior Services.
The above appropriation for Transfer to Division of Human Services
for Health Care and Title XIX Waiver for Senior Citizens along with
the federal moneys generated thereby shall be used for reimbursement
for services provided under the program. Further, the program shall
be preserved within the aggregate of these funds.

Any unexpended balances remaining in the appropriations at the
close of fiscal year 2008 are hereby reappropriated for expenditure
during the fiscal year 2009.
The above appropriation for Higher Education Grant Program
(activity 164) shall be transferred to the Higher Education Grant Fund
(fund 4933, org 0441) established by chapter eighteen-c, article five,
section three.
The above appropriation for Underwood-Smith Scholarship Program-
Student Awards (activity 167) shall be transferred to the Underwood-
Smith Teacher Scholarship Fund (fund 4922, org 0441) established by
chapter eighteen-c, article four, section one.
The above appropriation for WV Engineering, Science, and Technology
Scholarship Program (activity 868) shall be transferred to the West
Virginia Engineering, Science and Technology Scholarship Fund (fund
4928, org 0441) established by chapter eighteen-c, article six,
section one.
Total TITLE II, Section 4-Lottery Revenue$

170,051,884

Sec. 5. Appropriations from state excess lottery revenue fund.-In
accordance with section eighteen-a, article twenty-two, chapter twenty
nine of the code, the following appropriations shall be deposited and
disbursed by the director of the lottery to the following accounts in
this section in the amounts indicated.

-Lottery Commission-

Refundable Credit

Fund 7207 FY 2009 Org 0705

LotteryActivityFunds
Unclassified-Total-Transfer

402

$

10,000,000

The above appropriation for Unclassified-Total-Transfer (activity
402) shall be transferred to the General Revenue Fund to provide
reimbursement for the refundable credit allowable under chapter eleven, article twenty-one, section twenty-one of the code. The
amount of the required transfer shall be determined solely by the
state tax commissioner and shall be completed by the director of the
lottery upon the commissioner's request.

-Lottery Commission-

General Purpose Account

Fund 7206 FY 2009 Org 0705

Unclassified-Total-Transfer402$65,000,000
The above appropriation for Unclassified-Total-Transfer (activity
402) shall be transferred to the General Revenue Fund as determined by
the director of the lottery.

-Education Improvement Fund

Fund 4295 FY 2009 Org 0441

Unclassified-Total-Transfer402$27,000,000
The above appropriation for Unclassified-Total-Transfer (activity
402) shall be transferred to the PROMISE Scholarship Fund (fund 4296,
org 0441) established by chapter eighteen-c, article seven, section
seven.
The Legislature has explicitly set a finite amount of available
appropriations and directed the administrators of the Program to
provide for the award of scholarships within the limits of available
appropriations.

-Economic Development Authority-

Economic Development Project Fund

Fund 9065 FY 2009 Org 0944

Debt Service-Total310$19,000,000
Pursuant to subsection (f), section eighteen-a, article twenty-two,
chapter twenty-nine of the code, excess lottery revenues are
authorized to be transferred to the lottery fund as reimbursement of
amounts transferred to the economic development project fund pursuant
to section four of this title and subsection (f), section eighteen,
article twenty-two, chapter twenty-nine of the code.

-School Building Authority

Fund 3514 FY 2009 Org 0402

Unclassified-Total096$19,000,000
Any unexpended balance remaining in the appropriation for
Unclassified-Total-Transfer (fund 3514, activity 402) at the close of
the fiscal year 2008 is hereby reappropriated for expenditure during
the fiscal year 2009.

-West Virginia Infrastructure Council

Fund 3390 FY 2009 Org 0316

Unclassified-Total-Transfer402$40,000,000
The above appropriation for Unclassified-Total-Transfer (activity
402) shall be transferred to the West Virginia Infrastructure Fund
(fund 3384, org 0316) created by chapter thirty-one, article fifteen-
a, section nine of the code.

-Higher Education Improvement Fund

Fund 4297 FY 2009 Org 0441

Unclassified-Total

096$10,000,000

-State Park Improvement Fund

Fund 3277 FY 2009 Org 0310

Unclassified-Total (R)

096$5,000,000

Any unexpended balance remaining in the appropriation at the close
of the fiscal year 2008 is hereby reappropriated for expenditure
during the fiscal year 2009.

-Lottery Commission-

Excess Lottery Revenue Fund Surplus

Fund 7208 FY 2009 Org 0705

Capital Outlay-Parks

288

$

3,700,000

Other Post Employee Benefits-Transfer

289

54,600,000

Capitol Complex-Capital Outlay

417

14,500,000

Unclassified-Transfer

482

62,900,000

Total

$

135,700,000

The above appropriation for Unclassified-Transfer (activity 482)
shall be transferred to the General Revenue Fund only after all
funding required by chapter twenty-nine, article twenty-two, section
eighteen-a of the code has been satisfied as determined by the
director of the lottery.
The above appropriation for Capitol Complex-Capital Outlay (fund
7208, activity 417) shall be transferred to the Capitol Dome and
Capital Improvements Fund (fund 2257) only after all funding required
by chapter twenty-nine, article twenty-two, section eighteen-a of the code and the transfer to the General Revenue Fund (fund 7208, org
0705, activity 482) has been satisfied as determined by the director
of the lottery.
The above appropriation for Capital Outlay-Parks (fund 7208,
activity 288) shall be transferred to the Improvements to Department
Facilities Fund (fund 3260, org 0313) only after the appropriations
for activities 482 and 417 have been satisfied.
The above appropriation for Other Post-Employee Benefits-Transfer
(fund 7208, activity 289) shall be transferred to the Other Post-
Employment Contribution Accumulation Fund (fund 2541, org 0323) only
after the above appropriations for activities 482, 417, and 288 have
been satisfied.
Should the actual revenues accruing to the total Excess Lottery
Fund be insufficient to fully fund all appropriations, the
appropriation to the Other Post-Employee Benefits-Transfer (activity
289) shall be reduced to the extent funds are available and the
appropriation made in the reduced amount and thereafter transferred to
the Other Post-Employment Contribution Accumulation Fund (fund 2541).

-Joint Expenses

(WV Code Chapter 4)

Fund 1736 FY 2009 Org 2300

Any unexpended balance remaining in the appropriation for Tax
Reduction and Federal Funding Increased Compliance (TRAFFIC)-Lottery
Surplus (fund 1736, activity 929) at the close of the fiscal year 2008 is hereby reappropriated for expenditure during the fiscal year 2009.

-Governor's Office

(WV Code Chapter 5)

Fund 1046 FY 2009 Org 0100

Any unexpended balance remaining in the appropriation for
Publication of Papers and Transition Expenses-Lottery Surplus (fund
1046, activity 066) at the close of the fiscal year 2008 is hereby
reappropriated for expenditure during the fiscal year 2009.

-Office of Technology

(WV Code Chapter 5A)

Fund 2532 FY 2009 Org 0231

Any unexpended balances remaining in the appropriations for Network
Monitoring-Lottery Surplus (fund 2532, activity 919) and Unclassified-
Lottery Surplus (fund 2532, activity 928) at the close of the fiscal
year 2008 are hereby reappropriated for expenditure during the fiscal
year 2009.

-West Virginia Development Office

(WV Code Chapter 5B)

Fund 3170 FY 2009 Org 0307

Any unexpended balance remaining in the appropriation for
Connectivity Research and Development-Lottery Surplus (fund 3170,
activity 923) at the close of the fiscal year 2008 is hereby
reappropriated for expenditure during the fiscal year 2009.
The above appropriation to Connectivity Research and Development-Lottery Surplus shall be used by the West Virginia Development Office
for the coordinated development of technical infrastructure in areas
where expanded resources and technical infrastructure may be expected
or required pursuant to the provisions of 5A-6-4 of the code.

-Division of Health-

Central Office

(WV Code Chapter 16)

Fund 5219 FY 2009 Org 0506

Any unexpended balance remaining in the appropriation for Chief
Medical Examiner-Capital Improvements-Lottery Surplus (fund 5219,
activity 051) at the close of the fiscal year 2008 is hereby
reappropriated for expenditure during the fiscal year 2009.

-Tax Division

(WV Code Chapter 11)

Fund 7082 FY 2009 Org 0702

Any unexpended balance remaining in the appropriation for
Remittance Processor-Lottery Surplus (fund 7082, activity 054) at the
close of the fiscal year 2008 is hereby reappropriated for expenditure
during the fiscal year 2009.
Total TITLE II, Section 5-Excess Lottery Funds

$

330,700,000

Sec. 6. Appropriations of federal funds.-In accordance with article
eleven, chapter four of the code, from federal funds there are hereby
appropriated conditionally upon the fulfillment of the provisions set
forth in article two, eleven-b of the code the following amounts, as itemized, for expenditure during the fiscal year two thousand nine.

Pursuant to the requirements of 42 U.S.C. 1103, Section 903 of the
Social Security Act, as amended, and the provisions of section nine,
article nine, chapter twenty-one-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, the above appropriation
to Unclassified shall be used by the Workforce West Virginia for the
specific purpose of administration of the state's unemployment
insurance program or job service activities, subject to each and every restriction, limitation or obligation imposed on the use of the funds
by those federal and state statutes.

-Division of Energy

(WV Code Chapter 5B)

Fund 8892 FY 2009 Org 0328

Unclassified-Total096$1,505,435

DEPARTMENT OF EDUCATION

-State Department of Education

(WV Code Chapters 18 and 18A)

Fund 8712 FY 2009 Org 0402

Unclassified-Total096$230,320,468

-State Department of Education-

School Lunch Program

(WV Code Chapters 18 and 18A)

Fund 8713 FY 2009 Org 0402

Unclassified-Total

096

$114,028,264

-State Board of Education-

Vocational Division

(WV Code Chapters 18 and 18A)

Fund 8714 FY 2009 Org 0402

Unclassified-Total

096$16,536,946

-State Department of Education-

Aid for Exceptional Children

(WV Code Chapters 18 and 18A)

Fund 8715 FY 2009 Org 0402

Unclassified-Total

096$103,764,986

DEPARTMENT OF EDUCATION AND THE ARTS

-Department of Education and the Arts-

Office of the Secretary

(WV Code Chapter 5F)

Fund 8841 FY 2009 Org 0431

Unclassified-Total

096$325,000

-Division of Culture and History

(WV Code Chapter 29)

Fund 8718 FY 2009 Org 0432

Unclassified-Total

096

$2,082,724

-Library Commission

(WV Code Chapter 10)

Fund 8720 FY 2009 Org 0433

Unclassified-Total096$1,950,351

-Educational Broadcasting Authority

(WV Code Chapter 10)

Fund 8721 FY 2009 Org 0439

Unclassified-Total

096

$1,500,000

-State Board of Rehabilitation-

Division of Rehabilitation Services

(WV Code Chapter 18)

Fund 8734 FY 2009 Org 0932

Unclassified-Total096$27,224,316

-State Board of Rehabilitation-

Division of Rehabilitation Services-

Disability Determination Services

(WV Code Chapter 18)

Fund 8890 FY 2009 Org 0932

Unclassified-Total

096

$

21,731,781

DEPARTMENT OF ENVIRONMENTAL PROTECTION

-Division of Environmental Protection

(WV Code Chapter 22)

Fund 8708 FY 2009 Org 0313

Unclassified-Total096$139,010,466

DEPARTMENT OF HEALTH AND HUMAN RESOURCES

-Consolidated Medical Service Fund

(WV Code Chapter 16)

Fund 8723 FY 2009 Org 0506

Unclassified-Total096$7,325,557

-Division of Health-

Central Office

(WV Code Chapter 16)

Fund 8802 FY 2009 Org 0506

Unclassified-Total096$86,579,129

-Division of Health-

West Virginia Safe Drinking Water Treatment

(WV Code Chapter 16)

Fund 8824 FY 2009 Org 0506

Unclassified-Total096$16,000,000

-West Virginia Health Care Authority

(WV Code Chapter 16)

Fund 8851 FY 2009 Org 0507

Unclassified-Total096$2,577,112

-Human Rights Commission

(WV Code Chapter 5)

Fund 8725 FY 2009 Org 0510

Unclassified-Total096$438,899

-Division of Human Services

(WV Code Chapters 9, 48 and 49)

Fund 8722 FY 2009 Org 0511

Unclassified

099

$155,854,516

Medical Services

189

1,806,784,280

Medical Services Administrative Costs

789

53,282,651

Total

$

2,015,921,447

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

-Office of the Secretary

(WV Code Chapter 5F)

Fund 8876 FY 2009 Org 0601

Unclassified-Total096$ 20,002,304

-Adjutant General-State Militia

(WV Code Chapter 15)

Fund 8726 FY 2009 Org 0603

Unclassified-Total096$ 96,633,010

-Division of Homeland Security and

Emergency Management

(WV Code Chapter 15)

Fund 8727 FY 2009 Org 0606

Unclassified-Total

096$32,060,431

-Division of Corrections

(WV Code Chapters 25, 28, 49 and 62)

Fund 8836 FY 2009 Org 0608

Unclassified-Total

096

$650,000

-West Virginia State Police

(WV Code Chapter 15)

Fund 8741 FY 2009 Org 0612

Unclassified-Total096$1,655,945

-Division of Veterans' Affairs

(WV Code Chapter 9A)

Fund 8858 FY 2009 Org 0613

Unclassified-Total096$2,750,000

-Division of Veterans' Affairs-

Veterans' Home

(WV Code Chapter 9A)

Fund 8728 FY 2009 Org 0618

Unclassified-Total096$1,774,230

-Fire Commission

(WV Code Chapter 29)

Fund 8819 FY 2009 Org 0619

Unclassified-Total099$80,000

-Division of Criminal Justice Services

(WV Code Chapter 15)

Fund 8803 FY 2009 Org 0620

Unclassified-Total096$12,896,131

-Division of Juvenile Services

(WV Code Chapter 49)

Fund 8855 FY 2009 Org 0621

Unclassified-Total096$386,875

DEPARTMENT OF REVENUE

-Insurance Commissioner

(WV Code Chapter 33)

Fund 8883 FY 2009 Org 0704

Unclassified-Total096$ 200,000

DEPARTMENT OF TRANSPORTATION

-Division of Motor Vehicles

(WV Code Chapter 17B)

Fund 8787 FY 2009 Org 0802

Unclassified-Total096$18,167,668

-Division of Public Transit

(WV CodeChapter 17)

Fund 8745 FY 2009 Org 0805

Unclassified-Total096$16,377,478

-Public Port Authority

(WV CodeChapter 17)

Fund 8830 FY 2009 Org 0806

Unclassified-Total096$100,000

BUREAU OF SENIOR SERVICES

-Bureau of Senior Services

(WV Code Chapter 29)

Fund 8724 FY 2009 Org 0508

Unclassified-Total096$14,515,250

MISCELLANEOUS BOARDS AND COMMISSIONS

-Board of Pharmacy

(WV Code Chapter 30)

Fund 8857 FY 2009 Org 0913

Unclassified-Total096$155,122

-Public Service Commission-

Motor Carrier Division

(WV Code Chapter 24A)

Fund 8743 FY 2009 Org 0926

Unclassified-Total096$1,562,171

-Public Service Commission-

Gas Pipeline Division

(WV Code Chapter 24B)

Fund 8744 FY 2009 Org 0926

Unclassified-Total

096$

282,370

-WV Statewide Addressing and Mapping Board

(WV Code Chapter 24E)

Fund 8868 FY 2009 Org 0940

Unclassified-Total096$

100,000

-National Coal Heritage Area Authority

(WV Code Chapter 29)

Fund 8869 FY 2009 Org 0941

Unclassified-Total

096$

600,000

-Coal Heritage Highway Authority

(WV Code Chapter 29)

Fund 8861 FY 2009 Org 0942

Unclassified-Total096$50,000
Total TITLE II, Section 6-Federal Funds

$ 3,114,682,336

Sec.7.Appropriationsfromfederalblockgrants.-The following
items are hereby appropriated from federal block grants to be
available for expenditure during the fiscal year 2009.

Sec. 8. Awards for claims against the state.-There are hereby
appropriated for fiscal year 2009, from the fund as designated, in the
amounts as specified, general revenue funds in the amount of $990,789,
special revenue funds in the amount of $558,413, and state road funds
in the amount of $713,890 for payment of claims against the state.Sec. 9.Specialrevenueappropriations.-There are hereby
appropriated for expenditure during the fiscal year two thousand nine
appropriations made by general law from special revenues which are not
paid into the state fund as general revenue under the provisions of
section two, article two, chapter twelve of the code: Provided, That
none of the money so appropriated by this section shall be available
for expenditure except in compliance with and in conformity to the
provisions of articles two and three, chapter twelve and article two,
chapter eleven-b of the code, unless the spending unit has filed with
the director of the budget and the legislative auditor prior to the
beginning of each fiscal year:
(a) An estimate of the amount and sources of all revenues accruing
to such fund;
(b) A detailed expenditure schedule showing for what purposes the
fund is to be expended.Sec.10.Stateimprovementfundappropriations.-Requests or
donations of nonpublic funds, received by the governor on behalf of
the state during the fiscal year two thousand nine, for the purpose of making studies and recommendations relative to improvements of the
administration and management of spending units in the executive
branch of state government, shall be deposited in the state treasury
in a separate account therein designated state improvement fund.
There are hereby appropriated all moneys so deposited during the
fiscal year two thousand nine to be expended as authorized by the
governor, for such studies and recommendations which may encompass any
problems of organization, procedures, systems, functions, powers or
duties of a state spending unit in the executive branch, or the
betterment of the economic, social, educational, health and general
welfare of the state or its citizens.Sec. 11. Specific funds and collection accounts.-A fund or
collection account which by law is dedicated to a specific use is
hereby appropriated in sufficient amount to meet all lawful demands
upon the fund or collection account and shall be expended according to
the provisions of article three, chapter twelve of the code.Sec. 12. Appropriations for refunding erroneous payment.-Money that
has been erroneously paid into the state treasury is hereby
appropriated out of the fund into which it was paid, for refund to the
proper person.
When the officer authorized by law to collect money for the state
finds that a sum has been erroneously paid, he or she shall issue his
or her requisition upon the auditor for the refunding of the proper
amount. The auditor shall issue his or her warrant to the treasurer and the treasurer shall pay the warrant out of the fund into which the
amount was originally paid.Sec. 13. Sinking fund deficiencies.-There is hereby appropriated
to the governor a sufficient amount to meet any deficiencies that may
arise in the mortgage finance bond insurance fund of the West Virginia
housing development fund which is under the supervision and control of
the municipal bond commission as provided by section twenty-b, article
eighteen, chapter thirty-one of the code, or in the funds of the
municipal bond commission because of the failure of any state agency
for either general obligation or revenue bonds or any local taxing
district for general obligation bonds to remit funds necessary for the
payment of interest and sinking fund requirements. The governor is
authorized to transfer from time to time such amounts to the municipal
bond commission as may be necessary for these purposes.
The municipal bond commission shall reimburse the state of West
Virginia through the governor from the first remittance collected from
the West Virginia housing development fund or from any state agency or
local taxing district for which the governor advanced funds, with
interest at the rate carried by the bonds for security or payment of
which the advance was made.Sec. 14. Appropriations for local governments.-There are hereby
appropriated for payment to counties, districts and municipal
corporations such amounts as will be necessary to pay taxes due
counties, districts and municipal corporations and which have been paid into the treasury:
(a) For redemption of lands;
(b) By public service corporations;
(c) For tax forfeitures.Sec. 15. Total appropriations.-Where only a total sum is
appropriated to a spending unit, the total sum shall include personal
services, annual increment, employee benefits, current expenses,
repairs and alterations, equipment and capital outlay, where not
otherwise specifically provided and except as otherwise provided in
TITLE I-GENERAL PROVISIONS, Sec. 3.Sec.16.Generalschoolfund.-The balance of the proceeds of the
general school fund remaining after the payment of the appropriations
made by this act is appropriated for expenditure in accordance with
section sixteen, article nine-a, chapter eighteen of the code.

TITLE III-ADMINISTRATION.

Section1.Appropriationsconditional.-The expenditure of the
appropriations made by this act, except those appropriations made to
the legislative and judicial branches of the state government, are
conditioned upon the compliance by the spending unit with the
requirements of article two, chapter eleven-b of the code.
Where spending units or parts of spending units have been absorbed
by or combined with other spending units, it is the intent of this act
that appropriations and reappropriations shall be to the succeeding or
later spending unit created, unless otherwise indicated.Sec. 2. Constitutionality.-If any part of this act is declared
unconstitutional by a court of competent jurisdiction, its decision
shall not affect any portion of this act which remains, but the
remaining portion shall be in full force and effect as if the portion
declared unconstitutional had never been a part of the act.